Bilash Sahni @ Vilash Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.47032 of 2015 (03) dt.13-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47032 of 2015 Arising Out of PS.Case No. -139 Year- 2012 Thana -RIGA District- SITAMARHI ======================================================

1. Bilash Sahni @ Vilash Sahni Son of Late Bhuneshwar Sahani, resident of village- Pakari, P.S. Riga, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma-Sr. Advocate Mr. Shankar Kumar--Advocate For the Opposite Party/s : Mr. Pradip Nr. Kumar (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Renu Devi and Krishna Kumar happen to be nucleus of instant dispute. Her husband, Raghunandan Sahni @ Raghuni Sahni had filed written report before the police regarding their disappearance from the place of petitioner where they have gone to attend a feast resulting institution of Riga P. S. Case no.139 of 2012. Admittedly, petitioner happens to be Fufa of Renu Devi. At the other end, the father of Renu Devi had filed a written report putting an allegation against the informant of this case namely Raghuni Sahni and others regarding causing the murder of Renu Devi and Krishna Kumar whereupon Riga P. S. Case no.149 of 2012 has been instituted. Both the cases were

Patna High Court Cr.Misc. No.47032 of 2015 (03) dt.13-01-2016 investigated by the same I.O. to some extent and the peculiar feature happens to be, in both the cases charge sheet had already been submitted. By such action virtually either of the prosecution version became doubtful.

The aforesaid eventualities were perceived under Cr. Misc. No.47940 of 2014 (Annexure-1) whereupon the aforesaid petition for bail was converted as a petition under Article 226 and 227 of the Constitution of India and the same was heard and disposed of vide order dated 03.07.2015 under C.W.J.C. No.537 of 2015. Though, petition was rejected, but it was directed to the petitioner to take recourse to appropriate remedy for his release in accordance with law.

That being so, petitioner, Bilash Sahni @ Vilash Sahni 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 Additional Sessions JudgeIIIrd, Sitamarhi in connection with Sessions Trial No.238 of 2015 arising out of Riga P. S. Case no.139 of 2012. Vikash/- (Aditya Kumar Trivedi, J) U T