Mantun Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28927 of 2021 Arising Out of PS. Case No.-396 Year-2020 Thana- SONEPUR District- Saran ====================================================== MANTUN SAHANI S/o Late Bhuil Sahani R/o village- Sisaramanay, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niraj Kumar, Adv.

For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-01-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and one another accused are stated to have assaulted the husband of the informant and thereafter it is stated that the co-accused dropped the informant's husband at her house and went away. It is further stated that on her husband regaining consciousness, he narrated about the assault. Her husband died in course of treatment in the hospital.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From perusal of the F.I.R. itself, it would transpire that the informant

Patna High Court CR. MISC. No.28927 of 2021(3) dt.03-01-2022 2/2 is not an eye witness to the occurrence. The allegations are general and omnibus in nature. The petitioner is in custody since 23.5.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for 1 year 7 months, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.300 of 2020 (arising out of Sonepur P.S. (Pahleja O.P.) Case no.396 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge, Saran at Chapra.

(Partha Sarthy, J) Saurabh/- U T