Shivnath Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29484 of 2021 Arising Out of PS. Case No.-303 Year-2020 Thana- UJIYARPUR District- Samastipur ====================================================== 1.

SHIVNATH SAHNI Son of Ram Jatan Sahni Resident of Village - Jitwarpur, Bhuskara, P.S.- Tajpur (Halni), Dist.- Samastipur. 2.

DINESH KAPAR @ PARTI KAPAR SON OF LATE DAMODAR KAPAR Resident of Village - Jitwarpur, Bhuskara, P.S.- Tajpur (Halni), Dist.- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-01-2022 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Ujiyarpur Police Station Case No. 303 of 2020, disclosing offences under Sections 147, 149, 395/326A/326B, 328, 307, 323, 494, 498A, 504, 506 of the IPC and Section 8, 10, 12, 14, 16/18 of the POCSO Act.

It has been submitted by learned counsel for the petitioners that the petitioners are father-in-law and co-villager and chargesheet has been submitted only under Section 498 A and other Sections of IPC and not under POCSO Act. He

Patna High Court CR. MISC. No.29484 of 2021(3) dt.21-01-2022 2/2 further submits that son of the petitioner (husband of the informant) has also been remained in jail for a year and has been granted bail and this case is primarily of matrimonial dispute. Considering the aforesaid fact, the application for anticipatory bail is allowed.

Let the petitioners, named above, in the event of their arrest or surrender before the Court below within twelve weeks, be released 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 Additional Sessions Judge-VI-cum-Special Judge, POCSO Act, Samastipur, in connection with Ujiyarpur Police Station Case No. 303 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sandeep Kumar, J) sanjeev/- U T