Chandrika Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64707 of 2024 Arising Out of PS. Case No.-310 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== Chandrika Sahani, Son of Nagina Sahani, R/O-Village- Madhubani, P.S.- Sangrampur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-10-2024 Heard Mr. Ajay Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Shyameshwar Dayal, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Sangrampur P.S. Case No. 310 of 2023 registered under Section(s) 341, 342, 323, 324, 307, 308, 379, 354-B, 504 and 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner, along with other accused named therein, assaulted the informant and his family members and outraged the modesty of informant's wife.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.64707 of 2024(2) dt.05-10-2024 2/3 been implicated in the present case. The petitioner and the informant are family members and due to property dispute between the parties, a false case has been lodged against the petitioner. On these grounds, the petitioner seeks to be released on bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submissions made on behalf of the parties, as well as, the fact that the petitioner and the informant are family members and due to property dispute the FIR has been lodged against the petitioner, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Sangrampur P.S. Case No. 310 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.64707 of 2024(2) dt.05-10-2024 3/3

8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J.) Ashishsingh/- U T