Patna High CourtCR. MISC./13041/2025bail granted

Sahjan @ Sahajan @ Shahjan @ Sahajn v. The State Of Bihar

2025-07-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13041 of 2025 Arising Out of PS. Case No.-38 Year-2013 Thana- ARARIA District- Araria ====================================================== Sahjan @ Sahajan @ Shahjan @ Sahajn D/O Akhtar Resident of VillageSanthali Ghat Madanpur, P.S.- Madanpur, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. Earlier anticipatory bail of the petitioner was rejected vide order dated 02.07.2015 passed in Cr. Misc. No. 4721 of 2015 (Annexure-I).

3. The petitioner seeks bail in connection with Araria (Madanpur) P.S. Case No. 38 of 2013, instituted for the offences punishable under Sections 302/34 of the Indian Penal Code.

4. The prosecution case, in short, is that, daughter of the informant was strangulated to death by the petitioner along with other co-accused persons.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that from perusal

Patna High Court CR. MISC. No.13041 of 2025(3) dt.10-07-2025 2/2 of the post-mortem report, it appears that there was no external or internal injury on the body of the deceased. Therefore, the allegation of strangulation is falsified. The petitioner is a lady. The petitioner is in custody since 23.12.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 02.08.2014 passed in Cr. Misc. No. 24005 of 2014.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Araria (Madanpur) P.S. Case No. 38 of 2013.

(Rudra Prakash Mishra, J) Rajorshi/- U T