Anirudh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34296 of 2022 Arising Out of PS. Case No.-146 Year-2022 Thana- BAGHA District- West Champaran ====================================================== Anirudh Sahani S/o Late Deo Sharan Sahani Resident of Village- Charahiya, P.S.- Semra, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-10-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Bagha (Bhairoganj) P.S. Case No. 146 of 2022 registered for the offence punishable under Section 302 r.w 34 of the Indian Penal Code.
As per the allegation made in the FIR, there was a tractor registered in the name of the deceased and the same was handed over by the mother of the deceased to the petitioner believing on the petitioner's assurance to give a part of the profit made by using the tractor and thereafter some dispute occurred
2/4 in between the deceased and the petitioner with regard to the payment of the profit made by using the said tractor and when the deceased demanded for the payment of the said money repeatedly from the petitioner, the petitioner and his family members abused and threatened the informant's daughter and on protest made by her the petitioner and co-accused persons strangulated the deceased to death.
The main submissions advanced by the learned counsel Mr. Vijay Kr Singh No. 1 appearing for the petitioner are that the FIR was lodged with a delay of 35 days after the alleged occurrence while as per the FIR the informant had got the knowledge of the alleged occurrence just after the happening of the alleged occurrence and the husband of the deceased participated in the cremation of the deceased but even then no steps were taken to lodge the FIR in respect of the alleged occurrence and during the course of investigation a close relative of the deceased stated that on the alleged day the deceased was found motionless when the said relative called the deceased at her house and the said fact clearly falsifies the allegation of strangulation. Further submission is that as the postmortem of the deceased could not have been conducted so the cause of death could not be ascertained.
3/4 On the contrary the learned counsel appearing for the informant as well as learned APP Mr. Awadhesh Kumar Singh appearing for the State have vehemently opposed the bail prayer and submitted that there is a serious allegation against the petitioner and there was no reason for the informant who happens to be a close relative of the petitioner to lodge a false case against the petitioner and there was a dispute in between the deceased and the petitioner on account of payment of profit earned through using the tractor and the petitioner in order to escape from his liability to pay the said money killed the deceased.
Heard both the sides and perused the FIR and case diary. It is admitted position that the dead body of the deceased had not undergone postmortem as after the alleged incident no information was immediately given to the police by the prosecution party, while as per the FIR the husband of the deceased participated in the cremation of the deceased which shows that he has the knowledge of the incident from the very beginning but he remained silent for 35 days and the said fact goes against the prosecution. The case diary goes to show that there is no eye witness of the alleged occurrence and mainly on the basis of suspicion and due to a bad relation between the
4/4 petitioner and the deceased on account of payment of some profit earned through using the tractor of the deceased the petitioner has been made accused and moreover the statement of a close relative mentioned in paragraph 10 of the case dairy goes against the prosecution allegation. Considering all these facts as well as the petitioner's custody period, in the opinion of this Court a lenient approach can be taken in respect of petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Bagha (Bhairoganj) P.S. Case No. 146 of 2022.
(Shailendra Singh, J.) murli/- U T