Bijay Sahani @ Vijay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16739 of 2021 Arising Out of PS. Case No.-66 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== BIJAY SAHANI @ VIJAY SAHNI Son of Sri Shankar Sahani R/o- Deopura, P.S.- Naokothi, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Naokothi P.S. Case No.66 of 2020 registered for the offence punishable under Sections 447, 342, 323, 324, 307, 354, 504, 506/34 of the Indian Penal Code.

Petitioner is father of the informant. It is alleged in the FIR that the petitioner and other family members were averse to

Patna High Court CR. MISC. No.16739 of 2021(2) dt.14-07-2021 2/3 the informant's decision to marry a person of her own choice due to which the petitioner and others assaulted the informant and her husband with knife.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever took place. Petitioner being the father of informant and his family members have been falsely implicated in this case by the informant. The FIR has been lodged after a delay of 24 hours without any explanation as the occurrence took place on 21.05.2020 at 8.00 PM and the FIR has been lodged on 22.05.2020 at about 22.05 o'clock i.e. with a delay of 24 hours, after due thought. There is general and omnibus allegation against the petitioner. Similarly situated co-accused namely Shashi Sahni and Praveen Sahni have been granted bail by the co-ordinate Bench of this court vide order dated 17.12.2020 passed in Cr. Misc. No.33181 of 2020. The petitioner has no criminal antecedent and has been languishing in custody since 18.07.2020.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five

Patna High Court CR. MISC. No.16739 of 2021(2) dt.14-07-2021 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Begusarai, in connection with Naokothi P.S. Case No.66 of 2020.

(Anjani Kumar Sharan, J) pallavi/- U T