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Patna High CourtCR. MISC./5930/2023allowed

Ramdeo Sahni v. The State Of Bihar

2023-04-25Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5930 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- BHAWANIPUR District- Purnia ====================================================== Ramdeo Sahni Son Of Late Tirath Sahni Resident Of Village - Thalha, P.S.- Beldour, District - Khagaria ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

The prosecution case in nutshell is that informant's sister was married to one Sunil Sahni in the year 2007 and blessed with three children out of her wedlock. It is further alleged that husband of the informant's sister died some years ago. The allegation against the petitioner and others is that they use to

Patna High Court CR. MISC. No.5930 of 2023(3) dt.25-04-2023 2/3 torture and assault the informant's sister and on 08.07.2022, informant got knowledge that dead body of her sister was found. It is strong suspicion that petitioner, being the father-in-law of the deceased along with other in-laws committed murder of her sister. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that dead body of the deceased was recovered near the area of informant's house and he failed to inform the petitioner of the deceased when she left for her matrimonial house. Deceased was residing at her matrimonial house with full dignity along with her children and prior to her death no such allegations of misbehave has ever been raised by her. There is neither consistent material evidence nor any eye witness of the alleged offence. Moreover, the petitioner is languishing in judicial custody since 13.08.2022.

Learned APP appearing for the State has

Patna High Court CR. MISC. No.5930 of 2023(3) dt.25-04-2023 3/3 vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhawanipur (Balio O.P.) P.S. Case No. 165 of 2022 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 Chief Judicial Magistrate, Purnea.

(Sunil Kumar Panwar, J) Nirajkrs/- U T