Sheo Shankar Sahani @ Shiv Shankar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14742 of 2018 Arising Out of PS.Case No. -134 Year- 2017 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Sheo Shankar Sahani @ Shiv Shankar Sahani S/o Late Uttim Sahani, R/o Village- Naya Tola Sahladpur, P.S.- Manjhagarh, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Manjhagarh P.S.Case no.134 of 2017 , registered for offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

As per FIR the informant suspects that the petitioner and other accused persons under a criminal conspiracy has killed his wife.

Submission of the learned counsel for the petitioner is that except suspicion there is absolutely nothing in the FIR as well as in the case diary and the petitioner has falsely been implicated in this case.

Heard learned A.P.P. also, who could not controvert the

Patna High Court Cr.Misc. No.14742 of 2018 (4) dt.17-05-2018 2/2 above fact.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj in connection with Manjhagarh P.S.Case no.134 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T