Sukhdeo Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31328 of 2019 Arising Out of PS. Case No.-139 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== 1.

SUKHDEO SAHNI Son of Ram Briksha Sahni Resident of Village - Jehanabad, P.S.- Lalganj, Dist.- Vaishali.

2.

Dharmendra Sahni Son of Sukhdeo Sahni Resident of Village - Jehanabad, P.S.- Lalganj, Dist.- Vaishali.

3.

Manju Devi Wife of Sukhdeo Sahni. Resident of Village - Jehanabad, P.S.- Lalganj, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2019 Petitioners seek bail in anticipation of their arrest in connection with Lalganj P.S. Case No. 139 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Prosecution case is that several accused persons, including the petitioners assaulted the daughter-in-law of the informant indiscriminately, due to which she succumbed to the injuries. Submission of learned counsel for the petitioners is that allegation of assault is against accused persons, altogether six in numbers, including the petitioners but the post mortem report does not show any external or internal injury over the person of deceased and FIR itself shows that there is land dispute between the parties. Heard learned APP and perused the case diary from

Patna High Court CR. MISC. No.31328 of 2019(4) dt.20-09-2019 2/2 which it appears that witnesses have supported the prosecution case but learned APP has not controverted the fact that in the post mortem report there is no external or external injury was found on the person of deceased.

In view of above facts and circumstances, let petitioners surrender in the court below within a period of two weeks from the receipt of this order and on surrender they shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali, in connection with Lalganj P.S. Case No. 139 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that petitioners have to co-operate in the investigation.

(Vinod Kumar Sinha, J) spal/- U T