Shankar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21238 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- HATHAURI District- Muzaffarpur ====================================================== SHANKAR SAHNI SON OF LATE RAM SWAROOP SAHNI RESIDENT OF VILLAGE - KOTHIYA, P.S. - HATHAURI, DISTRICT - MUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-04-2024 Heard Mr. Hari Kishore Thakur, learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Hathauri P.S. Case No. 244 of 2023 for the offence registered under sections 304(B), 201 and 34 of the Indian Penal Code lodged on 25.11.2023 by the informant, Ramkaran Sahani.
3. As per the prosecution story, the informant alleged that his daughter was married to Jaddu Sahani seven years ago. However, off late she was being tortured by the accused person and on 25.11.2023, they came to know about her death as also the disposal of the dead body. Accordingly, the F.I.R.
4. Learned Counsel for the petitioner submits that he is a villager and has no role to play in the matter, living
Patna High Court CR. MISC. No.21238 of 2024(2) dt.04-04-2024 2/3 separately far away from the house of the deceased.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.
6. Taking into account the aforesaid facts that the petitioner is a villager, do not have criminal antecedent, this Court is inclined to extend him privilege of anticipatory bail.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Muzaffarpur (East) in connection with Hathauri P.S. Case No. 244 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned
Patna High Court CR. MISC. No.21238 of 2024(2) dt.04-04-2024 3/3 police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Neha/- U T