Lakhindra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39969 of 2022 Arising Out of PS. Case No.-125 Year-2022 Thana- KESARIA District- East Champaran ====================================================== 1.

LAKHINDRA SAHANI S/o Late Bharat Sahani R/o village- Bijdhari, P.S.- Kesaria, District- East Champaran 2.

Nagendra Sahani S/o Mokhatar Sahani R/o village- Bijdhari, P.S.- Kesaria, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Sahni For the Opposite Party/s :

Mr.Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Kesariya P.S. Case no. 125 of 2022 instituted for the offence punishable under Sections 493, 496, 376, 313, 34, 323, 504, 506,34 of the Indian Penal Code Section 65(E) of I.T. Act. As per allegation in the FIR, on the pretext of marriage, co-accused Ashish Kumar, who is son of petitioner no. 1 established physical relationship with her resulting into her pregnancy to which at the instance of Ashish Kumar, the same was aborted. It is further alleged that petitioners and other family members of main accused came at the room of the informant and assaulted her by means slaps

Patna High Court CR. MISC. No.39969 of 2022(2) dt.06-12-2022 2/2 and fists.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There was love affair between the informant and co-accused Ashish Kumar. Petitioner no. 1 is father of main accused Ashish Kumar and petitioner no. 2 is his uncle. Petitioners are only implicated in this case only because of his relationship with the main-accused. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kesariya P.S. Case no. 125 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U