Harendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22605 of 2019 Arising Out of PS. Case No.-88 Year-2009 Thana- KOTWA District- East Champaran ====================================================== 1.

HARENDRA SAHNI Son of Late Ayodhya Sahni, Resident of VillageBarharwa, P.O and P.S.-Kotwa, District-East Champaran. 2.

Bachchi Devi Wife of Harendra Sahni, Resident of Village-Barharwa, P.O and P.S.-Kotwa, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail, which has been filed 10 years after registration of the FIR, arises out of Kotwa P.S. Case No. 88 of 2009, Tr. No. 772 of 2018, disclosing offences under Sections 498-A and 302/34 of the Indian Penal Code.

Petitioner no.1 is the elder brother of the husband of the informant, whereas petitioner no.2 is the wife of petitioner no.1.

It is submitted on behalf of the petitioners that these petitioners have been implicated only because they are relatives of the husband of the informant. It is also submitted that the

Patna High Court CR. MISC. No.22605 of 2019(2) dt.10-04-2019 2/2 husband has already been acquitted of the charge under Section 498-A of the IPC.

Evidently, criminal proceeding against these petitioners remained pending because they did not present themselves either for investigation or trial. This anticipatory bail application, in my view, for the said reason, deserves to be dismissed. I order accordingly. The petitioners are directed to surrender before the court below and seek regular bail, if so advised. If they do so within two weeks from today and file any application for regular bail, their application(s) shall be considered and disposed of on the same day.

(Chakradhari Sharan Singh, J) HR/- U T