Pyarelal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2484 of 2016 Arising Out of PS.Case No. -4 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pyarelal Sahani Son of Ramagya Sahani resident of village - Bardaha, P.S. Muffasil, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Smt. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under sections 304(B), 201, 120(B)/34 of the Indian Penal Code.

Chhathiya Devi, daughter of the informant was married to the petitioner on 01.03.2012 and allegedly due to non fulfillment of demand of Rs.50,000/- she was being tortured, assaulted and ultimately she was burnt to death and further her dead body was made traceless.

Submission is of false implication, there was cordial relation between the petitioner and his wife but due to

Patna High Court Cr.Misc. No.2484 of 2016 (4) dt.11-03-2016 some minor dispute she committed suicide by burning herself. No demand was ever made. During investigation independent witnesses have not supported the prosecution version and further the informant after realizing the truth has also filed petition before the I.O. showing innocence of the petitioner and others vide paragraph 35 of the case diary and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that now the informant is not ready to support his earlier version. In the facts and circumstances of the case stated above, the petitioner above named is directed to 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 the learned Sub-divisional Judicial Magistrate, Sadar, Motihari in connection with Mufassil P.S. Case No. 04 of 2015. (Jitendra Mohan Sharma, J) Amin/- U