Akloo Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11823 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Akloo Sahani, Son of Late Ishar Sahani, resident of village - Majhar Tola Pandubbi, P.S. Pakarideyal, District - East Champaran .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 06.09.2015 in connection with Pakrideyal P.S. Case No. 117 of 2015 for the offences alleged under Sections 147, 149, 447 and 302/34 of the Indian Penal Code, 1860.
The prosecution case is that the First Information Report has been registered as Pakarideyal P.S. Case No. 117 of 2015 under Sections 147, 149, 447 and 302/34 of the Indian Penal Code against the petitioner along with other co-accused persons on the basis of application of informant Narpati Devi, alleging therein that at about 8.30 P.M., petitioner along with other co-accused persons variously armed, came at her Darwaja and started abusing
Patna High Court Cr.Misc. No.11823 of 2016 (6) dt.23-05-2016 2/3 her husband, namely, Shree Sahani and on protest, petitioner and co-accused Sajawal Sahani inflicted lathi blow upon her husband leading to death of her husband. The cause of occurrence is flowing of water from roof.
It has been submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent as is evident from para 3 of the application and there was a minor dispute regarding flowing of some water from the roof. It has further been submitted that the petitioner's side and the informant's side are neighbours and there was a minor dispute regarding flowing of some water from the roof by the side of petitioner that this occurrence, as alleged, to have taken place. He further submits that the informant is not an eye witness to the alleged occurrence and there is an allegation that several persons hit the deceased-husband of the informant. He further submits that in her statement, she has stated another version that these persons i.e. is the petitioner along with other co-accused had killed the deceased by throttling.
Learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since there is a contradiction in the
Patna High Court Cr.Misc. No.11823 of 2016 (6) dt.23-05-2016 3/3 statement of the informant, let the petitioner, above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned 5th Additional Chief Judicial Magistrate, East Champaran, Motihari in connection with Pakarideyal P.S. Case No. 117 of 2015.
(Nilu Agrawal, J) Vats/- U T