Pritam Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26792 of 2020 Arising Out of PS. Case No.-28 Year-2016 Thana- ALAMNAGAR District- Madhepura ====================================================== PRITAM SAHNI Son of Ramchandra Sahni Resident of Village - Mahinathnagar, P.S.- Baildour, Dist.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2020 Heard Mr. Dinesh Prasad Verma, learned counsel for the petitioner and Mr. Shantanu Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Sessions Trial No. 169 of 2018 arising out of Alamnagar P.S. Case No. 28 of 2016, registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code 1860. This is second attempt for grant of regular on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by the co-ordinate Bench of this Court vide order dated 14.03.2018 passed in Cr. Misc. 4316 of 2018 with direction to expedite the trial.

The allegation against the petitioner as per the First

Patna High Court CR. MISC. No.26792 of 2020(2) dt.16-10-2020 2/3 Information Report is that he being the husband, killed his wife and threw the dead body in the maize field.

Learned counsel for the petitioner submits that out of 12 charge sheet witnesses, four have been examined and the deposition of the witnesses have been annexed as Annexure-3 series and from perusal of the same it would be evident that all the four witnesses have become hostile. Learned counsel further submits that the petitioner is in custody since 08.06.2017 i.e. for about more than three years.

Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the petitioner has remained in custody since 08.06.2017, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st, Madhepura, in connection with Sessions Trial No. 169 of 2018 arising out of Alamnagar P.S. Case No. 28 of 2016, subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

Patna High Court CR. MISC. No.26792 of 2020(2) dt.16-10-2020 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T