Nihora Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1007 of 2015 Arising Out of PS.Case No. -77 Year- 2014 Thana -TARAIYA District- SARAN ======================================================

1. Nihora Sahani

2. Raj Kumar Sahani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Yogendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2015 Heard learned counsels for the petitioner and the State. The petitioner no.2 being the husband of the victim and petitioner no.1 being the father of petitioner no.2 are apprehending arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code. The accusation is of killing the sister of the informant after ten years of the marriage.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general when the informant has subsequently retracted from his initial version. Considering the aforesaid facts, let the above named petitioner no.1 be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten

Patna High Court Cr.Misc. No.1007 of 2015 (2) dt.12-01-2015 2/2 thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran, Chapra in connection with Taraiya P.S. Case No. 77 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Since petitioner no.2 is the husband of the victim, this Court is not inclined to grant anticipatory bail to him. Let the learned court below consider the regular bail of petitioner no.2 if he surrenders within a period of six weeks. (Dinesh Kumar Singh, J) Amrendra/- U T