Harendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2211 of 2017 Arising Out of PS.Case No. -246 Year- 2015 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Harendra Sahani, son of Dhanai Sahani, resident of village - Baishaha, P.S. Chakia, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Gautam, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 20-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Chakia P.S. Case No.246 of 2015 instituted for the offence under Section(s) 302,201, 120-B Indian Penal Code.

It is alleged that the son of the informant got missing. The informant made search for him and learnt that Ankita Kumari and Renu Kumari had also gone to search Mantosh at Chhath Ghat. Thereafter, the informant went to the house of Ankita Kumari, and noticed some suspicious activities. All the accused persons including the petitioner abused the informant and told that they had killed his son.

Counsel for the petitioner has submitted that petitioner is in custody for last one year and beside suspicion there

Patna High Court Cr.Misc. No.2211 of 2017 (3) dt.20-02-2017 2/2 is no overt act against him.

The learned Sessions Judge has mentioned in the impugned order that Ankita Kumari in her confessional statement has stated that deceased Mantosh was in her house on the date of occurrence and he was assaulted by this petitioner and other accused persons and dead body was thrown in the pond. This petitioner is father of Ankita Kumari. In this manner, from the impugned order itself, it appears that besides suspicion there is no allegation of any overt act. In view of such, let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, XII, Motihari, in connection with Chakia P.S. Case No.246 of 2015 giving rise to Sessions Trial No.624 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) JA/- U T