Sukhdeo Sahani @ Sugadev Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37749 of 2020 Arising Out of PS. Case No.-417 Year-2019 Thana- GAIGHAT District- Muzaffarpur ============================================== SUKHDEO SAHANI @ SUGADEV SAHANI son of Ramprit Sahani Resident of Village- Dhobauli, P.S. Gaighat, District- Muzaffarpur. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ============================================== Appearance :
For the Petitioner/s :
Mr.Bela Singh For the Opposite Party/s :
Ms. Asha Devi ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-03-2021 Heard Ms. Bela Singh, learned counsel for the petitioner and Ms. Asha Devi, learned APP for the State. The petitioner, who is in custody since 13.08.2020 seeks bail in connection with Gaighat P.S. Case No. 417 of 2019 instituted for the offences under Sections 302 /34 of the Indian Penal Code.
The mother of the deceased has lodged the First Investigation Report alleging that she was telephonically informed that her second son, namely, Devendra Sahani has been assaulted by his villagers including the petitioner as a result of which he died. On receiving such information, the informant came to her home and found the dead body of her
Patna High Court CR. MISC. No.37749 of 2020(3) dt.26-03-2021 2/3 second son. On the basis of the aforesaid written report, the subject F.I.R. was lodged in which the petitioner also has been made accused.
Learned counsel for the petitioner has submitted that the wife of the deceased also has been made an accused in this case. It has further been urged that in fact, the wife of the deceased was troubled and harassed by the deceased and in order to save herself from being assaulted further, she went to her sister's house for safety. The deceased, with an intention to fight with the husband of sister of his wife went to the house of Hriday Sahani, where he misbehaved with the villagers. A scuffle took place between the villagers and the deceased, which ultimately and unfortunately led to the death of the deceased. The petitioner happens to be the brother of the the co-brother of the deceased and, therefore, he has been made accused in this case.
Apart from this, it has been submitted that during the entire investigation, the factum of the deceased having a disturbed relationship with his wife has been collected from
Patna High Court CR. MISC. No.37749 of 2020(3) dt.26-03-2021 3/3 several witnesses. There is no eye witness to the occurrence and it only appears that all the persons, who are associated with Hriday Sahani who is a co-brother of the deceased, have been made accused in this case.
The petitioner has got no relation at all with the deceased and has no criminal antecedents.
Regard being had to the afore-stated facts and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -15th, East Muzaffarpur, in connection with Gaighat P.S. Case No. 417 of 2019.
(Ashutosh Kumar, J) sunilkumar/- U T