Naga Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.14250 of 2017 (2) dt.08-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14250 of 2017 Arising Out of PS.Case No. -196 Year- 2009 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Naga Sahani Son of Late Parichhan Sahani Resident of Village - Gopinathpur Bahilwara, P.S. Saraiya, District - Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Saraiya P.S. Case No.196/09 registered under Sections 302, 201 and 120 (B) of the Indian Penal Code.

The allegation of the informant is that on 6.6.2009 her husband, namely, Birchabd Sahni, went in barat of his cousin Gopal Sahni to village- Gopanathpur, P.S. Saraiya DistrictMuzaffarpur. While barat party returned to village but her husband did not return to the house. Thereafter search of her husband started but no trace of her husband was found. In course of search the informant came to know that ten persons named in theF.I.R. have committed murder of her husband and disposed of

Patna High Court Cr.Misc. No.14250 of 2017 (2) dt.08-04-2017 his dead body saying the dead body of one Vishwanath Sahani. Learned counsel for the petitioner submits that, in fact, the informant under suspicion has disclosed the name of the petitioner and nine others having hand in the murder of her husband. Except suspicion there is nothing against the petitioner to show his complicity in the present case. The petitioner has no criminal antecedent and is in custody since 16.01.2017. Having regard to the facts and circumstances of the case, let the above named petitioner 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 S.D.J.M., West Muzaffarpur, in connection with Saraiya P.S.Case No.196/09.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U