Shiv Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26474 of 2020 Arising Out of PS. Case No.-108 Year-2019 Thana- PIPRAKOTHI District- East Champaran ============================================== 1.

SHIV SAHANI S/o Rajdev Sahani Resident of Majhariya, P.S.-Pipra Kothi, District-East Champaran.

2.

Koshila Devi @ Kaushalya Devi W/o Rajdev Sahani Resident of Majhariya, P.S.-Pipra Kothi, District-East Champaran. 3.

Rina Devi W/o Shiv Sahani Resident of Majhariya, P.S.-Pipra Kothi, District-East Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Ms. Prerna Rishi, Adv.

Mr.Patanjali Rishi, Adv.

For the Opposite Party/s :

Mr.A.G.

============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-10-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Pipra Kothi P.S. Case No. 108 of 2019 dated 01.05.2019 instituted for the offence under Sections 304B and 34 of the Indian Penal Code. It has been submitted on behalf of the petitioners

Patna High Court CR. MISC. No.26474 of 2020(2) dt.21-10-2020 2/3 that they are distantly related to the husband of the deceased but have been made accused in this case only because of their keeping sympathy with the family of the husband of the deceased.

The petitioner no. 1 is the step maternal uncle, whereas, the petitioner no. 2 is the step maternal grand mother of the deceased. Petitioner no. 3 is the wife of petitioner no. 1.

Nothing specific has been alleged against the petitioners. It has been urged that the petitioners do not have any association with the family of the Sipahi Sahani. Considering the distant relationship of the petitioners with the husband of the deceased, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in

Patna High Court CR. MISC. No.26474 of 2020(2) dt.21-10-2020 3/3 connection with Pipra Kothi P.S. Case No. 108 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T