Allowed¶22

Sudhir Sahni @ Sudhir Kumar @ Sudhir Kumar Sahni v. The State of Bihar

Patna HC4 Apr 2024CR. MISC./17923/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; Section 438(2) conditions; Sarai P.S. Case No. 222 of 2022; Vaishali; IPC Sections 147, 149, 447, 341, 323, 337, 338, 354(A), 354(B), 504, 506; Arms Act Section 27; POCSO Act Section 8; parity with co-accused Nand Lal Sahni; cross-case Sarai P.S. Case No. 221 of 2022; false implication plea; pond/Fisheries Cooperative Society dispute; Sudhir Sahni v. State of Bihar; Patna High Court CR. MISC. No. 17923 of 2024; bail bond Rs. 10,000 with two sureties.

What did the court decide?

Anticipatory bail granted in connection with Sarai P.S. Case No. 222 of 2022 - petitioner to be released on arrest or surrender within six weeks on furnishing bail bond of Rs. 10,000/- with two sureties of like amount, subject to conditions under Section 438(2) Cr.P.C. ¶22

Sudhir Sahni @ Sudhir Kumar @ Sudhir Kumar Sahni… — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the petitioner, who apprehends arrest in Sarai P.S. Case No. 222 of 2022 registered under Sections 147, 149, 447, 341, 323, 337, 338, 354(A), 354(B), 504, 506 IPC read with Section 27 Arms Act and Section 8 POCSO Act, should be released on anticipatory bail under Section 438 Cr.P.C.

¶13

Court's answer

Considering the submissions of learned counsel for the petitioner, the Court granted anticipatory bail: the petitioner, upon his arrest or surrender before the learned trial court within six weeks, was to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the trial court where Sarai P.S. Case No. 222 of 2022 is pending, subject to the conditions laid down under Section 438(2) Cr.P.C.

¶22

Detailed headnote1 paragraphs

Anticipatory bail (S. 438 Cr.P.C.) granted by the Patna High Court to Sudhir Sahni @ Sudhir Kumar @ Sudhir Kumar Sahni apprehending arrest in Sarai P.S. Case No. 222 of 2022 (P.S. Sarai, District Vaishali), registered for offences under Sections 147, 149, 447, 341, 323, 337, 338, 354(A), 354(B), 504 and 506 IPC read with Section 27 Arms Act and Section 8 POCSO Act, relating to an incident of 17.07.2022. Considering counsel's submissions of strained relations and alleged false implication over a pond dispute, a cross-case (Sarai P.S. Case No. 221 of 2022) from the petitioner's side, and anticipatory bail already granted to co-accused Nand Lal Sahni by a Co-ordinate Bench (order dated 04.08.2023 in Crl. Misc. No. 46155 of 2023), the Court directed release on bail upon arrest or surrender within six weeks, on bail bonds of Rs. 10,000/- with two like sureties, subject to the conditions in Section 438(2) Cr.P.C.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17923 of 2024

¶2

Arising Out of PS. Case No.-222 Year-2022 Thana- SARAI District- Vaishali

¶3

======================================================

¶4

Sudhir Sahni @ Sudhir Kumar @ Sudhir Kumar Sahni S/o Raja Sahni R/o vill - Paura, P.S. - Sarai, Distt.- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Ms. Bela Singh For the Opposite Party/s : Mr. Sunil Kumar Pandey ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶11

2 04-04-2024

¶12

Heard learned counsel for the petitioner and learned A.P.P. for the State.

¶13

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 447, 341, 323, 337, 338, 354(A), 354(B), 504 and 506 of the Indian Penal Code read with Section 27 of the Arms Act and Section 8 of the POCSO Act.

¶14

Learned counsel for the petitioner submits that the petitioner has antecedent of one case, but then the same was also instituted by the present informant, which amply demonstrates that the relationship in between the petitioner and the informant is strained.

¶15

The informant alleges that on 17.07.2022 at about 08:00 PM in the night, the petitioner with other accused persons

¶16

Patna High Court CR. MISC. No.17923 of 2024(2) dt.04-04-2024 2/3

¶17

and 30 to 35 unknown accused arrived at the house of the informant and thereafter abused the informant and her family members, thereafter, Baiju Sahani and the petitioner misbehaved with minor granddaughter of the informant and all the accused persons tried to commit rape and tore the cloths of her granddaughter and also tried to forcefully take her away and pelted stones.

¶18

Learned counsel for the petitioner next submits that the petitioner has been falsely implicated in the present case on account of strained relationship of the petitioner and the informant as recorded hereinabove. It is further submitted that the instant false case has been instituted on account of dispute over a pond which is settled in the name of Fisheries Cooperative Society, but has been captured by one Praveen Singh along with the husband of the informant and others and when the same was objected from the side of the petitioner, the informant’s side assaulted Baiju Sahani and also fired upon other accused of the present case, on account of which Sunil Sahani sustained pellet injury which led to institution of Sarai P.S. Case No. 221 of 2022 from the side of the petitioner. It is thus submitted that in order to coerce the petitioner into submission, the instant false case has been instituted. It is next

¶19

Patna High Court CR. MISC. No.17923 of 2024(2) dt.04-04-2024 3/3

¶20

submitted that Similarly situated co-accused Nand Lal Sahni has been granted the privilege of anticipatory bail by an order dated 04.08.2023 in Criminal Miscellaneous No. 46155 of 2023 by a learned Co-ordinate Bench.

¶21

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

¶22

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sarai P.S. Case No. 222 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

¶23

(Satyavrat Verma, J)

¶24

Rishabh/-

¶25

U T

Sudhir Sahni @ Sudhir Kumar @ Sudhir Kumar Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sudhir Sahni @ Sudhir Kumar @ Sudhir Kumar Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Pintu Singh Vs The State of Bihar

Sunny Kumar Vs The State of Bihar

Karpuri Tanti @ Kapri Tanti Vs The State of Bihar

Sobha Devi Vs The State of Bihar

Manish Singh @Manish Kumar Singh Vs The State of Bihar

Md. Rahmat Vs The State of Bihar