Radhe Shyam Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39793 of 2017 Arising Out of PS.Case No. -72 Year- 2016 Thana -LAUKARIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Radhe Shyam Sahni, S/o Late Bhola Sahni, resident of Village- Nitish Nagar, P.S.- Laukariya, Dist.- West Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Laukariya P.S. Case No. 72 of 2016 for offences punishable under Sections 323, 324, 427, 461, 447, 302 of the Indian Penal Code. The prosecution case, as lodged by the informant who is the petitioner also in the present case, is that he got information from his younger daughter Shikha Kumari that his elder daughter Geeta Kumari has been killed by one Rajesh Sahni who tried to escape but was appended by one Birendra Sahni. It has been submitted by the learned counsel for the petitioner that he is the father of the deceased Geeta Kumari and informant in the present case and his name surfaced in the

Patna High Court Cr.Misc. No.39793 of 2017 (3) dt.10-11-2017 2/3 investigation by the supervising authority that it may be a case of honour killing as the said Rajesh Sahni was in love with the deceased Geeta Kumari. He submits that because the younger daughter had made contradictory statements the petitioner has been roped only on the basis of suspicion. He submits that chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner and that the petitioner is languishing in judicial custody since 27.05.2017. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record and that Rajesh Sahni who was alleged to be the main assailant has been denied the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 24132 of 2017 on 03.07.2017, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Bagaha, West Champaran in connection with Laukariya P.S. Case No. 72 of 2016, subject to the conditions that:

(1) Both bailors would be close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

Patna High Court Cr.Misc. No.39793 of 2017 (3) dt.10-11-2017 3/3

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T