Patna High CourtCR. MISC./26541/2017bail granted

Santosh Sahni v. The State Of Bihar

2017-07-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26541 of 2017 Arising Out of PS.Case No. -102 Year- 2014 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Santosh Sahni Son of Babulal Sahni, Resident of Village-Jhingaha, P.S.- Motipur, District-Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 The petitioner seeks regular bail in connection with Motipur P.S. Case No. 102/14, registered for offences punishable under Section 302, 328, 201 of the Indian Penal Code. Petitioner is the husband of the deceased and the case is under Section 302 and other Sections of Indian Penal Code. It has been submitted on behalf of the petitioner that there is no direct evidence against the petitioner showing that he has caused death of the deceased rather several independent witnesses, during the course of investigation, has stated that the deceased died due to illness as she was suffering from cholera and on way to hospital, she died and thereafter, she was cremated in presence of informant. However, this false case has been filed by the informant. Petitioner has been in judicial custody since 15.04.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.26541 of 2017 (4) dt.11-07-2017 2/2 Having heard both sides, in view of the facts as stated above, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, West Muzaffarpur, in connection with Motipur P.S. Case No. 102 of 2014, subject to the 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 cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T