Mithu Sahani @ Mithun Sahani vs The State Of Bihar on 14 July, 2025

Patna High Court – Orders

Mithu Sahani @ Mithun Sahani vs The State Of Bihar on 14 July, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25280 of 2025
                  Arising Out of PS. Case No.-218 Year-2022 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Mithu Sahani @ Mithun Sahani S/o Anwat Sahani @ Anant Sahani R/o vill -
                 ward no. 12, Dhwhi, P.S.- Harsidhi, Distt.- East Champaran, Motihari


                                                                                  ... ... Petitioner/s

                                                       Versus

           1.    The State of Bihar
           2.    Soni Devi W/o Ajay Mahto R/o vill - Dhwhi, P.S.- Hasidhi, Distt.- East
                 Champaran


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Murli Dhar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   14-07-2025

Heard Mr. Rajesh Kumar, learned counsel for the

petitioner and Mr. Murli Dhar, learned Additional Public

Prosecutor for the State.

2. Despite valid service of notice, no one appeared on

behalf of the opposite party no. 2.

3. The petitioner is apprehending his arrest in

connection with Harsidhi P.S. Case No. 218 of 2022, F.I.R.

dated 17.05.2022 for the offences punishable under Sections

341, 323, 326 and 504 of the Indian Penal Code and later on

Sections 8 and 12 of the POCSO Act was added.

4. According to prosecution case, it is alleged that the
Patna High Court CR. MISC. No.25280 of 2025(5) dt.14-07-2025
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petitioner assaulted, abused and cut the ear of the informant’s

daughter. Accordingly, the F.I.R.

5. Learned counsel for the petitioner submits that the

petitioner has clean antecedent. The allegation as alleged in the

F.I.R. is false and fabricated and the petitioner has not

committed any offence as alleged in the F.I.R. Due to some

petty dispute, the petitioner has falsely been implicated in this

case. After some time, the informant had filed a petition before

the learned Court below on 20.08.2022 stating therein that due

to some misunderstanding, the allegation made against the

petitioner and she had filed a compromise petition in the learned

Court below.

6. The learned Additional Public Prosecutor for the

State has vehemently opposed the prayer for bail of the

petitioner.

7. Considering the aforesaid facts, clean antecedent

of the petitioner and despite of valid service of notice, no one

appeared on behalf of the opposite party no. 2 and the opposite

party no. 2 has filed compromise petition before the learned

Court below, let the petitioner, above named, in the event of his

arrest or surrender before the court below within a period of

thirty days from the date of receipt of the order, be released on
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bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

with two sureties of the like amount each to the satisfaction of

the learned 6th Additional Sessions Judge-cum-Special Judge,

POCSO Act, East Champaran, Motihari in connection with

Harsidhi P.S. Case No. 218 of 2022, subject to the conditions as

laid down under Section 438(2) of the Code of Criminal

Procedure /Section 482(2) of the Bhartiya Nagarik Suraksha

Sanhita and with other following conditions:-

i. Petitioner 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 his absence on two consecutive dates without sufficient

reason, his bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the

witnesses, in that case, the prosecution will be at liberty to move

for cancellation of bail.

iii. And further condition that the court below shall

verify the criminal antecedent of the petitioner and in case at

any stage it is found that the petitioner has concealed his

criminal antecedent, the court below shall take step for

cancellation of bail bond of the petitioner. However, the

acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of

verification.

(Rajesh Kumar Verma, J)
Neha/-

U        T