Jawahir Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14086 of 2017 Arising Out of PS.Case No. -310 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jawahir Sahani, Son of late Sukhal Sahani resident of Village- Jaukatiya Bara Malahi Tola, Police Station- Majhaulia, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate. For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-04-2017 Heard both sides.

The petitioner seeks bail in Majhaulia P.S. Case No. 310 of 2016 registered under Sections 341, 323, 326, 307, 504, 427 and 34 of the Indian Penal Code.

The deceased Rabri Devi made her statement on the basis of which present FIR was lodged. She disclosed that Tarkeshwar Sahani, Jadav Sahani, Master Sahani, Bhushan Patel, Jawahir Sahni (the petitioner), Chandan Sahni and Bipin Sahni came and started abusing her and they entered into her house. Jadav Sahi picked up the kerosene oil kept in a jerkin and sprinkled on her body and Tarkeshwar Sahni put on fire. The informant got extensive body injury and during the course of

Patna High Court Cr.Misc. No.14086 of 2017 (2) dt.12-04-2017 2/2 treatment she died.

Learned counsel for the petitioner submits that in FIR, no specific allegation has been made against the petitioner. Specific allegation has bee made against Jadav Sahni who picked up the kerosene oil and also against Tarkeshwar Sahni who put the deceased on fire. The petitioner is in jail since 04.11.2016. Considering the facts aforesaid and that the petitioner is mere a member of the family and no specific allegation has been made against the petitioner, specific allegation has been made against Jadav Sahni and Tarkeshwar Sahni who picked up the kerosene oil and put on fire respectively causing extensive body injury to the deceased who died during the course of treatment, the above named petitioner is directed to be enlarged 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 Chief Judicial Magistrate, Bettiah in connection with Majhaulia P.S. Case No. 310 of 2016.

(Prabhat Kumar Jha, J) Mishra/- U T