Inardeo Sahani @ Indradeo Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14421 of 2018 Arising Out of PS. Case No. -85 Year- 2017 Thana -KOTWA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Inardeo Sahani @ Indradeo Sahani, Son of Anhak Sahani,

2. Sunil Sahani, Son of Inardeo Sahani @ Indradeo Sahani.

3. Dharmendra Sahani @ Dharmender Sahani, Son of Inardeo Sahani @ Indradeo Sahani.

4. Chandani Devi, Wife of Vinod Sahani.

5. Bilat Sahani, Son of Anhak Sahani.

6. Vinod Sahani, Son of Bilat Sahani.

7. Uma Devi, Wife of Sunil Sahani, All are resident of Village- Bhopatpur, P.S.- Kotwa (Bhopatpur O.P.), District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Ranjan, Advocate For the Opposite Party/s : Smt. Anita Kumari Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-04-2018 Learned counsel for the petitioners informs this Court that during the pendency of this case, petitioner no.3, namely, Dharmendra Sahani @ Dharmender Sahani, was arrested and as such his application for grant of anticipatory bail has become infructuous.

Heard learned counsel for the petitioners and State. The petitioners apprehend their arrest in connection with Kotwa (Bhopatpur O.P.) P.S. case no. 85 of 2017 for the offence under Sections 147, 148, 149, 341, 323, 447, 307, 354(B)

Patna High Court Cr.Misc. No.14421 of 2018 (2) dt.06-04-2018 2/3 and 504 of the Indian Penal Code.

Learned counsel for the petitioners submits that the instant case has been filed as a device to exert pressure on the parties in the partition suit. Petitioner no.5 is the husband of the informant, petitioner no.6 is the son of the informant and petitioner no.4 is the daughter-in-law of the informant. Learned counsel for the petitioners submits that in the totality of the facts situation, any one can guess the object behind lodging of this case by the informant. All the petitioners are family members and party in the partition suit.

Considering the aforesaid, the petitioners, named above, in the event of arrest or surrender before the court below within one month from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the amount each to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Kotwa (Bhopatpur O.P.) P.S. case no. 85 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the further condition that petitioner no.5, being the husband of informant is under obligation to maintain and keep his wife with full honour and dignity and it is also under obligation to see that the wife does not make any complaint, so far

Patna High Court Cr.Misc. No.14421 of 2018 (2) dt.06-04-2018 3/3 as the husband i.e. petitioner no.5 is concerned, with regard to any ill-treatment or misbehaviour.

(Anil Kumar Upadhyay, J) Uday/- U T