Pappu Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81030 of 2023 Arising Out of PS. Case No.-535 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

PAPPU KUMAR SAHNI S/O LATE SURESH SAHNI RESIDENT OF VILLAGE- GULABAGH, SINGHIYA BASTI, HANSDA, P.S.- SADAR, DISTRICT- PURNEA.

2.

PANKAJ SAHNI S/O OF LATE SURESH SAHNI RESIDENT OF VILLAGE- GULABAGH, SINGHIYA BASTI, HANSDA, P.S.- SADAR, DISTRICT- PURNEA.

3.

SAVITA DEVI W/O OF LATE SURESH SAHNI RESIDENT OF VILLAGE- GULABAGH, SINGHIYA BASTI, HANSDA, P.S.- SADAR, DISTRICT- PURNEA.

4.

PUJA DEVI W/O OF PANKAJ SAHNI RESIDENT OF VILLAGEGULABAGH, SINGHIYA BASTI, HANSDA, P.S.- SADAR, DISTRICTPURNEA. 5.

PINTU SAHNI S/O OF KISHAN MANDAL R/O RANI BADI P.S. SADAR, DISTRICT- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Pushpa Sinha-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-01-2024 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioners and Mrs. Pushpa Sinha-1, learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Sadar P.S. Case No. 535 of 2023, F.I.R. dated 13.06.2023 registered for the offences punishable under Sections 341, 323, 498(A), 504, 506, 34 of the Indian Penal Code.

3. Allegation against the petitioners is of assaulting

Patna High Court CR. MISC. No.81030 of 2023(2) dt.10-01-2024 2/3 the informant and his family members as well as allegation is of demand of dowry and torture against the petitioners.

4. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. He further submits that from perusal of the F.I.R. it appears that there is no specific allegation of any assault or overt act or demand of dowry against the petitioners rather there is general and omnibus allegation against the accused persons including the petitioners. He further submits that the petitioners are in-laws of the informant and from perusal of the F.I.R. it appears that no such occurrence had taken place.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 535 of 2023, subject to the conditions as

Patna High Court CR. MISC. No.81030 of 2023(2) dt.10-01-2024 3/3 laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

Ibrar//- (Rajesh Kumar Verma, J) U T