Mantun Sahni And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31055 of 2014 Arising Out of PS.Case No. -235 Year- 2012 Thana -UJIYARPUR District- SAMASTIPUR ======================================================

1. Mantun Sahni.

2. Gorka Sahni.

3. Banarsi Devi.

4. Tuntun Sahni.

5. Prema Devi.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Shambhu Sharan Singh For the Opposite Party : Mr. Uma Shankar Pd. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-03-2015 Heard learned counsels for the petitioners and the State.

The petitioner no. 1 being the husband of the victim, petitioner nos. 2, 4 and 5 being the brothers and brother's wife and petitioner no. 3 being the mother of petitioner no.

are apprehending their arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant since the accused persons refused to return loan of Rs. 10,000/- given by the informant. Learned A.P.P. after going through the case

Patna High Court Cr.Misc. No.31055 of 2014 (3) dt.20-03-2015 2 / 3 diary submits that the final form (charge sheet) has been submitted against the husband of the victim Mantun Sahni, his brother Tuntun Sahni and brother's wife Prema Devi under Section 304(B)/34 of the I.P.C. and post mortem report suggests that the victim died due to burn injury.

Considering the aforesaid facts, let learned court below consider the prayer for regular bail of petitioner nos. 1, 4 and 5, if they surrender within a period of six weeks from the date of receipt/production of copy of the order in connection with Ujiarpur P.S. Case No. 235 of 2012, pending in the court of the learned A.C.J.M.

Dalsingsarai, Samastipur.

With this observation, the application of petitioner nos. 1, 4 and 5, is disposed off.

So far as petitioner nos. 2 and 3 Gorka Sahni and Banarsi Devi are concerned, investigation is still pending, let them be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Ujiarpur P.S. Case No. 235 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Dalsingsarai, Samastipur, subject to the conditions

Patna High Court Cr.Misc. No.31055 of 2014 (3) dt.20-03-2015 3 / 3 as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Dinesh Kumar Singh, J) U T