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Patna High CourtCR. MISC./19526/2015rejected

Suresh Sahani v. The State Of Bihar

2015-09-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19526 of 2015 Arising Out of PS.Case No. -196 Year- 2014 Thana -KUDHANI District- MUZAFFARPUR ======================================================

1. Suresh Sahani son of Bhim Sahani resident of village-Kudhani, Tola,Tariya, P.S.- Kudhani, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. There is specific allegation of gang rape against the petitioner and other accused but submission on behalf of the petitioner is that the petitioner happens to be brother-in-law of the informant who died after institution of the present case. From perusal of the case diary, it would appear that the informant died on 08-05-2014 for which, Kurhani P.S. Case No. 155 of 2014 was registered against the petitioner and others for the offences punishable under Sections-302/34 of the Indian Penal Code and in course of investigation, the husband of the deceased specifically, stated that petitioner and his other family members were pressurizing the deceased to withdraw the present case and

Patna High Court Cr.Misc. No.19526 of 2015 (3) dt.22-09-2015 2/2 when she refused, she was killed.

Regard being had to the facts and circumstances of the case as well as submission of the parties, I am not inclined to release the petitioner on bail and, accordingly, his prayer for bail in connection with Kudhani P.S. Case No. 196 of 2014 pending in the court of learned Sub Divisional Judicial Magistrate, West, Muzaffarpur stands rejected.

(Hemant Kumar Srivastava, J) A.K.V./- U T