Gyani Sahani @ Gayani Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17507 of 2022 Arising Out of PS. Case No.-349 Year-2021 Thana- TARAIYA District- Saran ====================================================== Gyani Sahani @ Gayani Sahni Son of Prema Sahni Resident of Village - Dumari Chhapiya, P.s.- Taraiya, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Binod Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 302/34 of the Indian Penal Code.

As per the prosecution case, co-accused Mahesh Ram came at the door of informant and forcibly took away the husband of informant and when he did not return till late night. Informant along with villagers went to search him and during course of search, dead body of her husband was found near Ghoghari river. Mahesh Ram disclosed that he along with three others killed the husband of informant.

It is submitted that petitioner has been falsely implicated in this case. Specific allegation is against co-accused

Patna High Court CR. MISC. No.17507 of 2022(3) dt.23-11-2022 2/2 Mahesh Ram that it was he who called the husband of informant and forcibly took him. Petitioner has been made accused in this case only on suspicion. It is further submitted that there is allegation of commission of murder, but in the postmortem report no internal or external injury was found on the person of deceased and cause of death is due to drowning. Petitioner claims clean antecedent.

Counsel for informant however vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Additional Chief Judicial Magistrate Ist, Saran at Chapra in connection with Taraiya P.S. Case No. 349 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T