Birju Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70702 of 2019 Arising Out of PS. Case No.-656 Year-2018 Thana- VAISHALI COMPLAINT CASE District- Vaishali ====================================================== Birju Sahni, Son of Ram Eqbal Sahni, Resident of Chandrahatti, near S.D.F., N.G.O. Kurhani, P.S.- Muzaffarpur Town, District- Muzaffarpur, Bihar844120. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sarita Devi, Daughter of Lal Babu Shahni, Resident of Sarai, P.S.- Mahua, District- Vaishali, Bihar- 844122.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Complaint Case No.656 of 2018, corresponding to T.R. No.3656 of 2018, in which cognizance has been taken under Section 498A of the Indian Penal Code.

Learned counsel for the petitioner submits that the wife of the petitioner has levelled false allegation against the petitioner and she had threatened to kill herself for which he has filed a Sanha. It is further submitted that the petitioner is willing to co-operate in the trial as and when required. Considering the aforementioned facts and

Patna High Court CR. MISC. No.70702 of 2019(2) dt.27-11-2019 2/3 circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Additional Sessions Judge-VI, Hajipur, Vaishali, in connection with Complaint Case No.656 of 2018, corresponding to T.R. No.3656 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also subject to the following conditions:

(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the

Patna High Court CR. MISC. No.70702 of 2019(2) dt.27-11-2019 3/3 investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) PNM U T