Narayan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22993 of 2021 Arising Out of PS. Case No.-542 Year-2019 Thana- CHHATAUNI District- East Champaran ====================================================== 1.
Narayan Sahani Son Of Late Jahuran Sahani R/O Village- Chhota Bariyarpur, P.S.- Chhatauni, District- East Champaran. 2.
Kismatiya Devi Wife Of Narayan Sahani R/O Village- Chhota Bariyarpur, P.S.- Chhatauni, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2021 Heard Shri Sharad Kumar Verma, learned counsel for the petitioners and Shri Chandra Bhushan Prasad, learned A.P.P. for the State.
The petitioners seek regular bail in connection with Chhatauni P.S. Case No. 542 of 2019 instituted for the offences under Sections 304B, 201 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioner no.1 is in custody since 16.01.2021 and petitioner no.2 is in custody since 11.01.2021, are persons with clean antecedent and charge-sheet has been submitted in the case. Shri Sharad Kumar Verma, learned counsel for the petitioners submits that from bare perusal of the allegation as
Patna High Court CR. MISC. No.22993 of 2021(3) dt.23-12-2021 2/3 alleged in the F.I.R. it would manifest that the informant alleges that his sister Savita Devi was married to co-accused Sanjay Sahani about four and a half years ago in accordance with Hindu rituals, further that after she went to her matrimonial home, attitude and behavior of the accused persons including the petitioner towards her suddenly changed and they started harassing her for fulfillment of demand of motorcycle. It is further alleged that on 19.12.2019 the informant came to know that his sister was killed by accused persons including the petitioner.
Shri Sharad Kumar Verma, learned counsel for the petitioner vehemently submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that as far as these petitioners are concerned, the allegations are general and omnibus. Further, the husband of the deceased is in jail and the petitioners are father-in-law and mother-in-law aged 70 years and 60 years respectively.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.
Considering the fact that the petitioners are father-inlaw and mother-in-law, are in custody since 16.01.2021 and 11.01.2021 respectively, charge-sheet has been submitted in the
Patna High Court CR. MISC. No.22993 of 2021(3) dt.23-12-2021 3/3 case, are persons with clean antecedent and allegations are general and omnibus in nature, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 542 of 2019.
(Satyavrat Verma, J) Rishi/- U T