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Patna High CourtCR. MISC./14419/2016bail granted

Lakhraj Sahani @ Lekhraj Sahani v. The State Of Bihar

2016-04-20Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14419 of 2016 Arising Out of PS.Case No. -149 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lakhraj Sahani @ Lekhraj Sahani son of Late Teras Sahani Resident of Village- Dumari Chhapra Tola, Police Station- Sugauli, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the Opposite Party/s : Mr. Atul Chandra(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Sugauli P.S. Case No. 149/15 for offences alleged under Sections 302/201/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that all the accused persons including the petitioner have killed his daughter by pressing her neck and her dead body was cremated and on information when the informant went to the house of his daughter he has not found any accused persons there and the house was locked. It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.14419 of 2016 (2) dt.20-04-2016 2/3 the petitioner that he is a neighbour of the matrimonial house of the deceased, who was married to co-accused Rishi Kapoor Sahni and has falsely been implicated in the aforesaid case. He further submits that the petitioner has no criminal history and due to dirty village politics he has been implicated. It has further been submitted that there is no eye-witness with regard to the complicity of the petitioner in the alleged occurrence, which caused death of the wife of Rishi Kapoor Sahni. He further submits that the deceased died a natural death and the parties i.e. informant and the matrimonial side of the deceased have entered into a compromise.

However, learned APP for the State submits that the petitioner is named in the First Information Report and opposes the prayer for bail.

Be that as it may, since the petitioner is a neighbour and both sides have entered into a compromise, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, 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 learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Sugauli P.S.

Patna High Court Cr.Misc. No.14419 of 2016 (2) dt.20-04-2016 3/3 Case No. 149/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T