Dipendra Sahani @ Dipendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31157 of 2024 Arising Out of PS. Case No.-552 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
Dipendra Sahani @ Dipendra Kumar Son of Shiv Sahani R/O VillageMadhopur, Ward no. 5, P.S.- Majhauliya, Dist.- West Champaran 2.
Bhim Sahani Son of Ramayan Sahani @ Ramayan Chaudhary R/O VillageMadhopur, Ward no. 5, P.S.- Majhauliya, Dist.- West Champaran 3.
Seth Sahani @ Pyarelal Kumar Son of Khedan Sahani R/O VillageMadhopur, Ward no. 5, P.S.- Majhauliya, Dist.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Pandey For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Majhauliya P.S Case No. 552 of 2023 dated 06.07.2023 registered for the offence punishable u/s 147, 148, 341, 323, 325, 307, 354B, 379, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, on 06.08.2022 at about 7:00 A.M. the informant Manorama Devi was clearing her door and in the meantime accused Vishal Sahani started abusing the informant with bad intention and tore her blouse. Further the co-
Patna High Court CR. MISC. No.31157 of 2024(2) dt.22-05-2024 2/3 accused Upendra Sahani broke the hand of the informant and when Rambha Devi came to rescue the informant, the petitioner no. 1 and 3 caught hold her with bad intention and started abusing her. The co-accused Munna Sahani assaulted the informant with lathi and iron rod and snatched gold mangalsutra worth Rs. 30,000/- from her neck.
4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that there is a land disputed between the parties. The allegation against the petitioner is general and omnibus. The petitioner no. 1 has one criminal antecedent, petitioner no. 2 has two criminal antecedents and petitioner no. 3 has one criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.31157 of 2024(2) dt.22-05-2024 3/3 concerned, West Champaran in connection with Majhauliya P.S Case No. 552 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T