Patna High Court - Orders
Tarni Prasad Sahu @ Chandan Sahu vs The State Of Bihar on 18 September, 2019
Author: Anjana Mishra
Bench: Anjana Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55660 of 2019
Arising Out of PS. Case No.-157 Year-2019 Thana- BIRAUL District- Darbhanga
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TARNI PRASAD SAHU @ CHANDAN SAHU Son of Sri Lalbihari Sahu
Resident of Village- Saho, P.S.- Biraul, District- Darbhanga
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Malay Kumar Choudhary
For the Opposite Party/s : Mr.Renu Kumari
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CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
2 18-09-2019Heard learned counsel for the petitioner and learned APP for the State along with learned counsel for the informant.
A supplementary affidavit is being filed in this Court today bringing on record the injury report of the informant, Heera Kumari. The petitioner is under custody since 17.06.2019 in connection with Biraul P.S. Case No.157/2019 registered for the offence punishable under Sections 341,323,324,307,498A, 504, 506 of the IPC.
Learned counsel for the petitioner submits that the petitioner is the husband and the present case has been filed by the wife of the petitioner making false and frivolous allegation against him. He submits that the present case is the third attempt and she has been in habit of filing such false cases but even then he is ready and willing to keep as a wife with full honour and Patna High Court CR. MISC. No.55660 of 2019(2) dt.18-09-2019 2/3 dignity that there is no recurrence of any manner if at all she returns to her matrimonial home. Learned counsel for the petitioner further submits that the injury report as indicated in the supplementary affidavit shows that the same were simple in nature and therefore the petitioner may be extended the privilege of bail. Having considered the entire facts and circumstances, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Darbhanga in connection with Biraul P.S. Case No.157/2019, subject to the following conditions:
(1) One of the bailor will be his own blood relative, preferably,father, mother, 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 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 investigation, if not already concluded, and make himself Patna High Court CR. MISC. No.55660 of 2019(2) dt.18-09-2019 3/3 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) Prakash Narayan /-
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