Nagendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27809 of 2022 Arising Out of PS. Case No.-122 Year-2019 Thana- SUPPI District- Sitamarhi ====================================================== 1.

NAGENDRA SAHANI Son of Bhadai Sahani Resident of Village - Jamua Purbari, P.S. Bairgania, District - Sitamarhi. 2.

Chandan Sahani Son of Nagendra Sahani Resident of Village - Jamua Purbari, P.S. Bairgania, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mrs. Gulnar Begum Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 342, 323, 324, 307, 498A, 379/34 of IPC and 3⁄4 of Dowry Prohibition Act. Allegedly, the petitioners along with other accused persons assaulted the informant due to non-fulfillment of demand for dowry.

Patna High Court CR. MISC. No.27809 of 2022(2) dt.06-09-2022 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The petitioner no.1 is the fatherin-law of the informant and petitioner no.2 is the brother-in-law of the informant. The husband of the informant has already been granted regular bail by the court below. There is no specific overt act against the petitioners. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Suppi

Patna High Court CR. MISC. No.27809 of 2022(2) dt.06-09-2022 3/3 P.S. Case No.122 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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