Gauri Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16112 of 2024 Arising Out of PS. Case No.-372 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Gauri Sahni Son Of Mohan Sahni Resident Of Village - Ahiyapur Takiya, Govindpur, Police Station - Mansoorchak, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarita Kumari, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Bachhawara P.S Case No. 372 of 2023 from the Court of learned C.J.M, Begusari registered for the offences punishable under Sections 302, 301/34 of the I.P.C.

3. As per prosecution case, it is alleged that accused persons came and taken the husband of the informant and on very next morning his dead body was found. Informant believed that accused persons killed her husband.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 25.11.2023

Patna High Court CR. MISC. No.16112 of 2024(3) dt.23-04-2024 2/2 and petitioner has got no criminal antecedent as stated in para 3 of the petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. In view of the allegation, FIR, impugned order, on perusal of the case diary it appears that witness examined by Investigating Officer also stated about the involvement of the present petitioner along with other accused persons in this case further, on perusal of the postmortem report it appears that dark brown ligature mark 3cm width present over all around neck curvilinear below hyoid bone, the base of the groove found soft and reddish, abrasion and ecchymosed round about the edges of the ligature mark and no other external injury found over any part of body and the cause of the death was due to asphyxia as a result of strangulation and considering the all aspects of this case, this Court is not inclined to grant bail to the petitioner.

7. Hence, the prayer of regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Mayank/- U T