Patna High CourtCR. MISC./16615/2016bail granted

Anil Sahani v. The State Of Bihar

2016-05-23Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.16615 of 2016 (3) dt.23-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16615 of 2016 Arising Out of PS.Case No. -880 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Anil Sahani S/o Banka Sahani R/o MOhalla- Belbanwa, PS town, District East Champaran.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ansul, Advocate For the Opposite Party : Mr. Ajay Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2016 Learned counsel for the petitioner is permitted to make necessary correction in para-3 of the application. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody since 15.02.2016 in connection with Town P.S.Case No.880 of 2015 registered for the offence under Sections 302/34 of the Indian Penal Code. As per the prosecution case, the informant alleged therein that three months ago his daughter aged about 16 years has been kidnapped by Ziya Sahani and after ten days of the occurrence, she was recovered and thereafter she is living in his house. Two days back, it has come to knowledge that Ziya Sahani has surrendered before the court and on 25.12.2015 when he had

Patna High Court Cr.Misc. No.16615 of 2016 (3) dt.23-05-2016 gone to clear Zalkunbhi from Motijhil where at 10.00 A.M. his son Santosh Kumar informed him on mobile that after committing murder of Nishu Kumari has been thrown in the garden and thereafter the informant alongwith his wife and son brought the deceased to Dr. Atul Kumar where she was declared dead. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.02.2016. Chargesheet has been submitted in the case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it has been submitted that the petitioner is named in the FIR merely on the basis of suspicion.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of CJM, East Champaran at Motihari in connection with Town P.S.Case No.880 of 2015. (Sudhir Singh, J) B.Kr.