Fuldev Sahani @ Ful Dev Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1700 of 2018 Arising Out of PS. Case No.-222 Year-2017 Thana- TAJPUR District- Samastipur ====================================================== Fuldev Sahani @ Ful Dev Sahni S/o Late Rajendra Sahani, R/o VillageJitwarpur, Indrawara, P.S.- Tajpur Halai O.P., District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Murari Mishra For the Opposite Party/s :

Mr. SRI UMA SHANKAR PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Tajpur (Halai O.P.) P.S. Case No. 222 of 2017 registered for the offence punishable under Sections 147, 148, 149, 307, 323, 324, 354, 504 of the Indian Penal Code. Later on Section 302 of IPC was added.

Informant is the daughter-in-law of the deceased who in her statement has stated that on 24.07.2017 at 5:30 PM Puja was being performed in her house then 13 accused

Patna High Court Cr.Misc. No.1700 of 2018(3) dt.07-02-2018 2/3 persons as named in the FIR entered in her house and started assaulting the inmates of the house. The specific allegation is on Dinesh Sahani and Hari Sahani. Dinesh Sahani assaulted the husband of the informant and Hari Sahani assaulted by iron rod on the head of the informant and her mother-in-law Sita Devi was assaulted by Fuldev Sahani (petitioner) by an iron rod and she fell down and there is general and omnibus allegation against other accused persons as named in the FIR. However, the Investigating Officer has recorded statement of son of deceased in para 74 of the case diary, in which he has stated that Dinesh Sahani had assaulted his mother by an iron rod which ultimately led to death of his mother. There is a counter case also instituted by the side of petitioners in which it has been stated that petitioners have also received injury from the side of informant. It has further been submitted that petitioner has no criminal antecedent and he is in custody since 24.08.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.1700 of 2018(3) dt.07-02-2018 3/3 learned Chief Judicial Magistrate, Samastipur, in connection with Tajpur (Halai O.P.) P.S. Case No. 222 of 2017. (S. Kumar, J) veena/- U T