Suman Sahani @ Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7546 of 2024 Arising Out of PS. Case No.-188 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== Suman Sahani @ Suman Kumar S/o Gonaur Sahani, R/o Vill - Barkagaon, P.S. - karja, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bela Singh, Advocate.

For the Opposite Party/s :

Mr. Bharat Lal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Karja P.S. Case No.188 of 2021 instituted under Sections 323, 325, 332, 333, 341, 353, 307, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, when the police party had gone to arrest the accused persons of Karja P.S. Case No.325 of 2020 then the neighbours and family members of petitioner and other accused person assaulted the members of the police party.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner was neither present at the place of occurrence nor has any concern with the alleged occurrence and he has been made accused only on the basis of suspicion as he is the family member of the co-accused of Karja P.S. Case No.325

Patna High Court CR. MISC. No.7546 of 2024(2) dt.19-02-2024 2/2 of 2020. He also submits that the family members had objected the police personnel when they started misbehaving with the ladies of the family and due to that reason the police has filed false case against the petitioner and other co-accused persons. Learned counsel submits that there is no injury report to any police personnel as alleged. He further submits that there is delay in filing the F.I.R. and the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned 11th court concerned in connection with Karja P.S. Case No.188 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T