Triveni Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15732 of 2021 Arising Out of PS. Case No.-138 Year-2020 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Triveni Sahani S/O Ram Punit Sahani R/O Village-Mirzapur Tola Hariharpur, PS Ashok Paper Mill. Dist Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Masoom Alam, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 364, 201 and 34 of the Indian Penal Code.
As per allegations in the F.I.R., it is stated that on Ajit Kumar Rai and two others having misbehaved with the wife of Tuntun Sahani, Tuntun Sahani assaulted Ajit Kumar Rai leading to his death.
It is submitted by learned counsel for the petitioner that the F.I.R. was registered after delay of two days without any explanation for the same. No allegation of overt act is alleged against the petitioner in the F.I.R. Referring to the order of the
Patna High Court CR. MISC. No.15732 of 2021(2) dt.05-08-2021 2/2 learned Court below it is submitted that the material that has transpired against the petitioner in course of investigation is that he along with others were involved in disposal of the dead body of the deceased Ajit Kumar Rai. He is in custody since 11.8.2020 and has no criminal antecedent.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, allegations in the F.I.R., contents of the order of the learned Court below together with the petitioner having remained in custody for over 9 months, the Court directs the petitioner to be enlarged on bail in connection with Ashok Paper Mill P.S. Case no. 138 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Darbhanga.
(Partha Sarthy, J) Bibhash U