Dular Chand Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51116 of 2022 Arising Out of PS. Case No.-103 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

Dular Chand Sahani Son Of Raghu Nath Sahani R/V- Sambhuapur, P.SDumri Ghat, Dist- East Champaran 2.

Subhasani Devi Wife Of Dular Chand Sahani R/V- Sambhuapur, P.S- Dumri Ghat, Dist- East Champaran 3.

Santosh Sahani Son Of Dular Chand Sahani R/V- Sambhuapur, P.S- Dumri Ghat, Dist- East Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertake to remove the defects, if any, within three weeks. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 363/34 of the Indian Penal Code 8 POCSO Act & 3(i) (r) (S) S.C/S.T Act. As per FIR, petitioners are involved in missing of Nidhi Kumari (victim girl) and intimidating informant of his life.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.51116 of 2022(2) dt.13-12-2022 2/2 this case. Learned counsel for the petitioners submits that petitioners are father, mother and brother of the co-accused Satyendra Sahani. He further submits that there is no mention of physical contact or torture of the victim girl. He submits that there is no specific overt act against the petitioners. He further submits that petitioners have four criminal antecedent as stated in para-2 of the supplementary affidavit.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dumariya Ghat P.S. Case No. 103 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ishika/devendra U T