Mantun Sahni v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21882 of 2018 Arising Out of PS.Case No. -157 Year- 2016 Thana -UJIYARPUR District- SAMASTIPUR ============================================== Mantun Sahni S/o Laldeo Sahni, R/o vill.- Chandauli, P.S.- Ujiarpur, District- Samastipur .... .... Petitioner

Versus

1. The State of Bihar.

2. Chandramandi Sahni S/o Late Hira Sahni, R/o village- Boro, P.S.- Barauni, District- Begusarai .... Opposite Parties ============================================== Appearance :

For the Petitioner : Mr. Choudhary Shyam Nandan, dvocate For the State : Mr. Rajendra Singh Shastriji, APP ============================================= CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under sections 304B/34 IPC.

Learned counsel for the petitioner submits that the FIR has been lodged three days after the death and other than presumption in law there is nothing in this case inasmuch as the victim was being treated as she could not bear child which is evident from Annexure 2. The informant, father of the girl has also filed a petition before the court below (Annexure 3), wherein he has specifically averred that out of frustration due to the fact that

Patna High Court Cr.Misc. No.21882 of 2018 (4) dt.22-05-2018 she could not bear child, she committed suicide and that the FIR has been lodged under misconception. Petitioner is in custody in connection with this case since 23.12.2017. Prior to lodging of this case, petitioner is a man of clean antecedent. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Dalsinghsarai in Ujiarpur Police Station Case No. 157 of 2016, GR No. 668 of 2016, Reg.No.611/2016 on the following conditions :- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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