Shiv Pujan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33694 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- MAKER District- Saran ====================================================== 1.
SHIV PUJAN SAHANI Son of Late Dewan Sahani Resident of village - Bhatha, P.S. - Maker, Dist. - Saran 2.
Sujay Sahani Son of Shiv Pujan Sahani Resident of village - Bhatha, P.S. - Maker, Dist. - Saran 3.
Reena Devi Wife of Sujay Sahani Resident of village - Bhatha, P.S. - Maker, Dist. - Saran 4.
Jagiya Devi Wife of Vijay Sahani Resident of village - Bhatha, P.S. - Maker, Dist. - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Pandey For the Opposite Party/s :
Mr. Ram Sevak Choudhary :
Mr. Ravi Bhushan Prasad Sinha :
Mr. Prashant Bhushan :
Mr. Nawnit Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2023 Heard learned counsel for the petitioners and learned APP for the State assisted by learned counsel for the informant.
2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354, 379, 316 and 504/34 of the Indian Penal Code pending in the learned court below.
3. As per the prosecution case, petitioners are said to have assaulted the informant and his family members.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioner no.1 is father of the
Patna High Court CR. MISC. No.33694 of 2023(2) dt.24-07-2023 2/2 informant, petitioner no.2 younger brother of the informant and petitioner nos.3 & 4 are sister-in-law of the informant. He submits that the occurrence took place on 12.07.2022 but F.I.R. lodged on 10.09.2022. He further submits that there is delay of about two months in filing of the present F.I.R. and there is no any explanation of it which creates serious doubt about prosecution case. He submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the aforesaid facts and circumstances and the delay in filing of the present F.I.R., let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Maker P.S. Case No.208/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T