Ashok Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34734 of 2017 Arising Out of PS.Case No. -223 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Ashok Sahani Son of Thakuri Sahani, Resident of Village- Bilanpur, P.S.- Lalganj, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar For the Opposite Party/s : Mr. Sri Parmanand Prasad CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 07.01.2017 in connection with Lalganj P.S. Case No. 223 of 2016 for offences punishable under Sections 302, 201/34 of the Indian Penal Code.

The prosecution case as lodged by the informant, is that his sister Lalita Devi was married to the petitioner in the year 2002 and out of the wed-lock there are three children. The petitioner along with his family members used to torture and assault his deceased sister and has poisoned her to death and was trying to dispose of the dead body.

Patna High Court Cr.Misc. No.34734 of 2017 (4) dt.11-09-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent and being the husband, he has falsely been implicated in the aforesaid case. It has further been submitted that the independent witnesses have not supported the prosecution case rather, they have stated that after the fight with in-laws, deceased consumed poison and as such, Section 302 of the IPC is not made out. It is submitted that charge-sheet has already been submitted and there is no chance of tampering with the prosecution witnesses by the petitioner and that there are three children to be looked after by the petitioner. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 223 of 2016 subject to the condition that one of the bailors would be a close relative of the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail

Patna High Court Cr.Misc. No.34734 of 2017 (4) dt.11-09-2017 3/3 cancellation of his bail bonds.

(Nilu Agrawal, J) sushma/- U T