Patna High CourtCR. MISC./26335/2016dismissed

Jai Narayan Sahani v. The State Of Bihar

2016-08-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26335 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Jai Narayan Sahani Son of Jai Govind Sahani Resident of villageMorsandi, P.S.- Motipur, District- Muzaffarpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 341, 323, 342,302 and 201/34 of the Indian Penal Code. Allegation against the petitioner is that he along with his family members tortured and killed sister of the informant and also disposed of her dead body.

It has been submitted on behalf of the petitioner that he is in custody since 28.2.2016. Chargesheet has been submitted against the petitioner. He has got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioner. After eight years of marriage the alleged occurrence is said to have taken place. Fardbeyan of the petitioner, Annexure -2 to the present application, explains the cause of death of the deceased and the same is supported by independent witnesses, who are examined in course of investigation.

On behalf of the State, it is submitted that petitioner is named in the F.I.R. and is husband of the deceased. The death of the deceased is to be explained by the petitioner. In course of investigation the witnesses at paras-1, 2, 11 and 12 of the case

Patna High Court Cr.Misc. No.26335 of 2016 (3) dt.23-08-2016 2/2 diary have supported the prosecution.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. The court below at Muzaffarpur is directed to expedite the trial of the petitioner in Motipur P. S. Case no. 47 of 2016. (Sudhir Singh, J) sudip/- U T