Jaiprakash Sahani @ Jaiprakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41370 of 2022 Arising Out of PS. Case No.-442 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== 1.

JAIPRAKASH SAHANI @ JAIPRAKASH KUMAR S/o Sri Mahanth Sahani Resident of Village- Sundarpatti, P.S.- Nautan, District- West Champaran.

2.

Lalmati Devi W/o Sri Mahanth Sahani Resident of Village- Sundarpatti, P.S.- Nautan, District- West Champaran.

3.

Vidyawati Kumari D/o Sri Mahanth Sahani Resident of Village- Sundarpatti, P.S.- Nautan, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr.Nirmala Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2022 Heard the learned counsel for the petitioners and learend APP for the State..

Learned counsel for the petitioners is directed to remove the defects within four weeks.

Learned counsel for the petitioners seeks permission to withdraw this application submitting that petitioner no. 1 has already been arrested during pendency of this application. Permission is granted.

Accordingly, this application is dismissed as withdrawn against petitioner no.1.

Now, this application survives for petitioner no. 2 & 3.

Patna High Court CR. MISC. No.41370 of 2022(2) dt.28-11-2022 2/3 Petitioners apprehend their arrest in a case registered for offence punishable u/s 147, 341, 323, 307, 379, 504 of the IPC. Allegedly, the petitioners abused the informant. 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 and the allegations as mentioned in the FIR are false and concocted. No such occurrence, in the manner as alleged, has ever taken place. It is further stated that there is no specific allegation against the lady petitioner nos. 2 & 3, rather their names are transpired without any overt act. Both the parties are neighbours, and have been at loggerheads on account of land dispute. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for 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 petitioner no. 2 & 3, 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

Patna High Court CR. MISC. No.41370 of 2022(2) dt.28-11-2022 3/3 connection with Nautan P.S. Case No.442 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T