Umesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36008 of 2026 Arising Out of PS. Case No.-398 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== Umesh Sahani Son of Sitaram Sahani Resident Of Village-Maduwaha Tola Sihuliya, Police Station-Nautan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Nautan P. S. Case No. 398 of 2025 registered for the offences punishable under Sections 103(1), 238, 3(5) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, daughter of informant was married with co-accused Brijesh Sahani about nine years ago and had three children with him. It is alleged that co-accused Brijesh Sahani had illicit relation with his sister-in-law and whenever daughter of the informant used to oppose the same, she was tortured and assaulted by the accused persons. Informant alleges that the accused persons, including this petitioner, killed his daughter and disposed of the dead body.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.36008 of 2026(2) dt.03-07-2026 2/2 petitioner is innocent and has committed no offence. Petitioner is brother-in-law of the deceased and he is simply victim of over implication. Allegation of assault is general and omnibus. Petitioner is separate in mess and property and has got no concern with the affairs of the deceased. Moreover, thrust of accusation is against husband of the deceased who is already in custody since 14.08.2025. Petitioner claims clean antecedent and is in custody since 28.12.2025.

5. However, learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation, period of custody and the fact that thrust of accusation is against husband of the deceased who is already in custody, this bail application is allowed. The petitioner, above named, is directed to 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 learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Nautan P. S. Case No. 398 of 2025.

(Prabhat Kumar Singh, J) Navya/- U T