Ramnath Sahani @ Ram Nath Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.51820 of 2015 (4) dt.18-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51820 of 2015 Arising Out of PS.Case No. -108 Year- 2014 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramnath Sahani @ Ram Nath Sahni, Son of Bhagirath Sahani, resident of Village- Budhauliya, P.S. -Madhuban, District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Jitendra Kr.Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Madhuban P.S. Case No. 108 of 2014 registered under Section 302 of the Indian Penal Code.

The accusation is that petitioner assaulted Gani Sahani, husband of the informant at 10 P.M. in the night of 29.09.2014, who died in the mid-night on the same day. Learned counsel for the petitioner submits that petitioner and the husband of the deceased, Gani Sahani, are agnates and Gani Sahni died due to lung deceased but petitioner has falsely been implicated in this case due to ulterior motive.

Patna High Court Cr.Misc. No.51820 of 2015 (4) dt.18-02-2016 Further submission is that in the postmortem report of the deceased, Gani Sahani, no external injury was found and cause of death is shown as due to chronic lung deceased. It is further submitted that petitioner has no criminal antecedent and is in custody since 26.08.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, East Champaran at Motihari, in connection with Madheban P.S. Case No. 108 of 2014. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T