Mintu Sahani vs The State Of Bihar
2021 Latest Caselaw 3649 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.37747 of 2020
          Arising Out of PS. Case No.-70 Year-2020 Thana- JADOPUR District- Gopalganj
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1. Mintu Sahani, aged about 42 years, Gender-Male, S/o Achchelal Sahani @ Akshaylal Sahani

2. Lalu Sahani, aged about 22 years, Gender-Male, S/o Achchelal Sahani @ Akshaylal Sahani

3. Dipu Sahani, aged about 18 years, Gender-Male, S/o Achchelal Sahani @ Akshaylal Sahani

All resident of Village- Bairiya, P.S- Jadopur, District- Gopalganj

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Binay Kumar, Advocate For the State : Mr. Humayou Ahmad Khan, APP For the State : Mr. Prashant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Binay Kumar, learned counsel for the

petitioners; Mr. Humayou Ahmad Khan, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State and Mr. Prashant Kumar, learned counsel for the

informant.

3. The petitioners apprehend arrest in connection with

Yadopur/Jadopur PS Case No. 70 of 2020 dated 25.05.2020,

instituted under Sections 341/323/302/504/506/34 of the Indian

Penal Code.

Patna High Court CR. MISC. No.37747 of 2020 dt.23-07-2021

4. The allegation against the petitioners and three

others is that they came to the house of the informant and the

petitioner no. 3 is said to have told the informant that he would

abduct the niece of the informant and would marry her on which

the father of the informant objected and then the allegation is

that the petitioners no. 1 and 2 assaulted on the head of the

father of the informant due to which later on he succumbed and

also petitioners no. 1 and 2 had assaulted the informant and his

uncle.

5. Learned counsel for the petitioners submitted that in

view of there being specific allegation of overt act against

petitioners no. 1 and 2 and it has also resulted in the death of the

victim, though the allegation is not correct as it cannot be said

with certainty as to whose blow was the cause of death but still,

at this stage, he would not be seriously pressing the petition on

behalf of petitioners no. 1 and 2. However, it was submitted that

the petitioner no. 3 is aged only about 18 years which indicates

that he was just on the verge of attaining majority and it is not

expected that he would be so mature as to understand the

implication of his actions. Further, it was submitted that by the

tenor of the FIR itself, it is clear that there was a very strong

relationship with the petitioner no. 3 and the niece of the Patna High Court CR. MISC. No.37747 of 2020 dt.23-07-2021

informant for it is stated that he had threatened that he would

forcibly take the niece and marry her. Learned counsel

submitted that even otherwise, it is not natural in the course of

events that persons who are fully armed and coming with the

intention to kidnap somebody would disclose their intention and

not straightaway do the act. Further, it was submitted that the

petitioner no. 3 being the youngest person in the family cannot

be said to act like the head of the house by giving instructions or

directing his elder brothers to assault and kill the informant side.

It was further submitted that the petitioner no. 3 does not have

any other criminal antecedent.

6. Learned APP submitted that all the accused had

come with common intention and had assaulted resulting in the

death of the father of the informant. However, it was not

controverted that against petitioner no. 3 the only allegation is

that he initially ordered to kill the informant's father.

7. Learned counsel for the informant submitted that the

petitioner no. 3 was the focal point of the entire incident as it is

he who was the reason behind the incident and further he was

the one who had exhorted his brothers not only to attack but to

kill the informant's father. Thus, it was submitted that the act of

petitioner no. 3 was the real cause of the incident which has Patna High Court CR. MISC. No.37747 of 2020 dt.23-07-2021

resulted in the death of the father of the informant and thus, he

does not deserve indulgence of pre-arrest bail.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner no. 3, Dipu Sahani be

released on bail upon furnishing bail bonds of Rs. 25,000/-

(twenty five thousand) with two sureties of the like amount each

to the satisfaction of the concerned Judicial Magistrate 1 st Class,

Gopalganj in Yadopur/Jadopur PS Case No. 70 of 2020, subject

to the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973 and further (i) that one of the bailors

shall be a close relative of the petitioner no. 3, (ii) that the

petitioner no. 3 and the bailors shall execute bond and give

undertaking with regard to good behaviour of the petitioner no.

3, and (iii) that the petitioner no. 3 shall cooperate with the

Court and the police/prosecution. Any violation of the terms and

conditions of the bonds or the undertaking or non-cooperation

shall lead to cancellation of his bail bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner no.

3, to the notice of the Court concerned, which shall take Patna High Court CR. MISC. No.37747 of 2020 dt.23-07-2021

immediate action on the same after giving opportunity of

hearing to the petitioner no. 3.

10. Prayer for pre-arrest bail on behalf of petitioners no.

1 and 2, namely, Mintu Sahani and Lalu Sahani, respectively, is

rejected.

11. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T