Dismissed¶22

Deelip Sahani @ Dilip Sahani v. The State of Bihar

Patna HC2 Aug 2024CR. MISC./9942/2024

Case brief

AI extract

What is this about?

Anticipatory bail rejected by Patna High Court (Rajiv Roy, J.) on 02-08-2024 in CR. MISC. No.9942 of 2024 arising from Hathauri P.S. Case No. 160/2022, District Muzaffarpur; offences under IPC Sections 341, 323, 354(B), 448, 452, 504, 506 and 376/34; FIR of 07.06.2022 by informant Sudha Kumari alleging house trespass and attempt to outrage modesty by Jitu Sahani and Dilip Sahani; parity plea with bailed co-accused Jitu Sahani (bail granted August 2023 after judicial custody) rejected because petitioner delayed surrender; four-week window to surrender and seek regular bail, to be decided preferably the same day.

What did the court decide?

No anticipatory bail; liberty to surrender within four weeks from 02-08-2024 and file a bail petition, to be considered and disposed of preferably on the same day. ¶22

Deelip Sahani @ Dilip Sahani Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No anticipatory bail; liberty to surrender within four weeks from 02-08-2024 and file a bail petition, to be considered and disposed of preferably on the same day.

¶22

Issue for consideration

Whether the petitioner, who apprehends arrest in Hathauri P.S. Case No. 160/2022 (registered under Sections 341, 323, 354(B), 448, 452, 504, 506 and 376/34 IPC), is entitled to anticipatory bail.

¶16

Court's answer

The Court accepted the State's objection and rejected the anticipatory bail application: although the petitioner is named along with co-accused Jitu Sahani, who had admittedly been granted bail in August, 2023 after being taken into judicial custody, the petitioner chose to delay surrendering and/or coming to the Court, and on that background the application stood rejected.

¶22

Ratio / Principle

Protective direction: if the petitioner surrenders within a period of four weeks from the date of the order and files a bail petition, the same shall be considered and disposed of preferably on the same day.

¶23

Detailed headnote1 paragraphs

Anticipatory bail refused — Patna High Court (Rajiv Roy, J.), Criminal Miscellaneous No.9942 of 2024, decided 02-08-2024: petitioner Deelip Sahani @ Dilip Sahani, apprehending arrest in Hathauri P.S. Case No. 160/2022 (Muzaffarpur) under Sections 341, 323, 354(B), 448, 452, 504, 506 and 376/34 IPC (FIR dated 07.06.2022, informant Sudha Kumari), sought pre-arrest bail relying on parity with co-accused Jitu Sahani. The Court upheld the State's objection that although Jitu Sahani was granted bail in August, 2023 after being taken into judicial custody, the petitioner chose to delay surrendering and/or approaching the Court; the anticipatory bail application accordingly stood rejected. However, the petitioner was permitted to surrender within four weeks and file a bail petition, which is to be considered and disposed of preferably on the same day. Parity with a bailed co-accused does not assist an applicant who himself delays surrender.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9942 of 2024

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Arising Out of PS. Case No.-160 Year-2022 Thana- HATHAURI District- Muzaffarpur

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

¶4

Deelip Sahani @ Dilip Sahani Son of Kailu Sahani R/o vill - Simari Basant, P.S. - Hathauri, Distt. - Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Mukesh Kumar, Advocate For the Opposite Party/s : Mr.Aditya Narayan Singh.1, APP

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

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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5 02-08-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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2. The petitioner apprehends his arrest in connection with Hathauri P.S. Case No. 160/2022 registered under Sections 341, 323, 354(B), 448, 452, 504, 506 and 376/34 of the Indian Penal Code lodged on 07.06.2022 by the informant, Sudha Kumari.

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3. As per the prosecution story, the informant has alleged that she was sleeping in her house when Jitu Sahani and Dilip Sahani entered. Jitu Sharma caught her while Delip Sahani put cloth in her mouth and Jitu Sahani tried to outrage her modesty and when she raised alarm, both of them escaped. Further allegation is that she was also assaulted.

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4. Learned counsel for the petitioner tried to submit

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Patna High Court CR. MISC. No.9942 of 2024(5) dt.02-08-2024 2/2

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that his case is similar to Jitu Sahani as allegation is/are on both of them.

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5. Mr. Aditya Narayan Singh, learned APP for the State opposes the prayer for bail and submits that his bail was considered after he was taken into judicial custody. He further submits that FIR is of the year, 2022 and the petitioner has chosen to delay coming either to judicial custody or filing of appropriate petition and as such, he does not deserve anticipatory bail.

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6. This Court finds force of the learned APP for the State, the petitioner is named along with Jitu Sahani who admittedly was granted bail, despite the grant of bail in August, 2023 to him (Jitu Sahani) he chose to delay coming to the Court and/or surrender and in that background anticipatory bail application stands rejected.

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7. If the petitioner surrenders within a period of four weeks from today and files bail petition, the same shall be considered and disposed it of preferably on the same day. .

¶24

(Rajiv Roy, J)

¶25

Jagdish/-

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Deelip Sahani @ Dilip Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deelip Sahani @ Dilip Sahani 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

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