Rameshwar Sahni @ Chutkun Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11024 of 2023 Arising Out of PS. Case No.-213 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== Rameshwar Sahni @ Chutkun Sahni S/o Late Dinar Sahni R/o VillageBhagwatpur, P.S.- Vaishali, Distt- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376, 302, 34 of the Indian Penal Code.

As per FIR, the allegation against co-accused, namely, Rahul Kumar is that he committed rape to the wife of the informant. It is further alleged that the petitioner along with co-accused persons murdered wife of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is father of the co-accused, namely, Rahul Kumar due to which he has falsely been implicated in this case. There

Patna High Court CR. MISC. No.11024 of 2023(3) dt.15-05-2023 2/2 is no specific allegation of committing murder attributed against the petitioner rather general and omnibus allegation attributed against him. He has got no criminal antecedent. As per postmortem report, which is mentioned in para-41 of the case diary, wherein doctor opined cause of death is asphyxia due to hanging. It is further submitted that the petitioner is languishing in judicial custody since 20.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Vaishali P.S. Case No. 213 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali (Hajipur). (Sunil Kumar Panwar, J) Manishkumar/- U T