Umesh Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.51356 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51356 of 2017 Arising Out of PS.Case No. -321 Year- 2013 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Umesh Sahani S/o Late Lalu Sahani, R/o Village- Panapur, P.S.- Minapur, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Akhileshwar Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 09.08.2017 in connection with Minapur P.S. Case No. 321 of 2013 for the offences alleged under Sections 304(B), 201/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the petitioner happens to be merely a villager who is not concerned with day to day affairs of the family members of the deceased. The thrust of accusation is against Wakil Sahni husband of the deceased, who is already in custody. Co-accused the mother-in-law of the deceased has also been granted bail by this Court in Cr. Misc. No. 18599 of 2017. The informant has subsequently filed application in the Court of learned Chief Judicial Magistrate, Muzaffarpur to the effect that his daughter had died on natural death.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.51356 of 2017 (2) dt.09-11-2017 (ten thousand) with two sureties of like amount each to the satisfaction of learned 9th Additional Sessions Judge, Muzaffarpur, in connection with Minapur P.S. Case No. 321 of 2013, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T