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Patna High CourtCR. MISC./71757/2021allowed

Jitendra Sahni v. The State Of Bihar

2022-04-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71757 of 2021 Arising Out of PS. Case No.-762 Year-2020 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== JITENDRA SAHNI, S/o Dhruv Sahni, R/o village- Balua Kotaiya, P.S.- Laukariya, District- West Champaran ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Babita Devi, W/o Jitendra Sahni, D/o Chanda Kevat, At present R/o villagePanchgawan, P.S.- Semra, District- West Champaran ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Milind Kumar Mishra, Advocate For the Opposite Party :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-04-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner seeks anticipatory bail in connection with Trial No. 3953 of 2021 arising out of Complaint Case No. C-762 of 2020 registered for the offences under Sections 323, 498-A, 504/34 of the Indian Penal Code, There are allegations and counter allegations made by both the parties against each other, which cannot be decided in the present anticipatory bail proceeding.

Considering the aforesaid fact and also the law laid

Patna High Court CR. MISC. No.71757 of 2021(4) dt.25-04-2022 2/2 down by the Apex Court in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273, this anticipatory bail application is allowed.

Let the petitioner, above named, in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bagaha, West Champaran, in connection with Trial No. 3953 of 2021, arising out of Complaint Case No. C-762 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sandeep Kumar, J) pawan/- U T