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Patna High Court - Orders

Suryawanti Devi & Ors vs The State Of Bihar on 18 May, 2018

Author: Prabhat Kumar Jha

Bench: Prabhat Kumar Jha

      Patna High Court Cr.M isc. No.29422 of 2018 (2) dt.18-05-2018
                                                   1




                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Miscellaneous No.29422 of 2018
                               Arising Out of PS.Case No. -89 Year- 2017 Thana -SAHODARA District-
                                                  WESTCHAMPARAN(BETTIAH)
                   ======================================================
                   1. Suryawanti Devi, W/o Niranjan Panjiyar @ Niranjan Prasad,
                   2. Shiv Panjiyar @ Shiv Kumar S/o Baijnath Panjiyar,
                   3. Bhuneshwar Panjiyar (Gumasta) @ Bhuneshwar Prasad S/o Harinarayan
                   Panjiyar,
                   4. Prakash Bihari @ Prakash Bihar (Present Sarpanch), S/o Late
                   Ramkrishna Mahto,
                   5. Chiranjivee Kumar S/o Jitendra Mahto (Kirana Dukhan) @ Jitendra
                   Prasad,
                   6. Vivek Gupta @ Guddu Gupta (Made Cloth Shop) S/o Rameshankar
                   Prasad, All resident of Vill.- Jamuniya, P.S.- Sahodara, District- West
                   Champaran.
                                                                         .... .... Petitioner/s
                                                    Versus
                   1. The State of Bihar
                                                                    .... .... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     : Mr. Brij Kishor Mishra
                   For the Opposite Party/s   : Mr. Khurshid Anwar
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
                   JHA
                   ORAL ORDER

2   18-05-2018

Heard both sides.

The petitioners apprehend their arrest in Sahodara P.S. Case No.89 of 2017 registered under Sections 151, 152, 153, 187, 188, 189, 120(B), 332, 333, 147, 148, 149, 353, 504, 506, 431 and 427 of the Indian Penal Code.

The S.H.O., Sahodara P.S. alleged that an accused of Gaunaha P.S. Case No.111 of 2017 was arrested by police and more than 100 female and 250 male members gathered and blocked the road for releasing Niranjan Panjiyar.

The learned counsel for the petitioners submits that one Patna High Court Cr.M isc. No.29422 of 2018 (2) dt.18-05-2018 2 Umesh Sah died in police custody and many villagers assembled in protest against the atrocities of the police. Three cases, Gaunaha P.S. Case No.110 of 2017, Gaunaha P.S. Case No.111 of 2017 along with the present case of Sahodara P.S. Case No.89 of 2017 have been registered for the same occurrence. The petitioners are of course named in the F.I.R. but no specific allegation is made against the petitioners.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, District-West Champaran in connection with Sahodara P.S. Case No.89 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/-

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