Asharfi Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2640 of 2017 Arising Out of PS.Case No. -179 Year- 2015 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Asharfi Sahani, Son of Late Tapeshwar Sahani, Resident of VillageAmaitha, P.S.- Saraiya, District- Muzaffarpur.

2. Munni Devi, Wife of Sonu Sahani,

3. Sonu Sahani, Son of Pukar Sahani, Both are Resident of VillageHussepur Dubandha, P.S.- Deoriya, District- Muzaffarpur.

4. Akhilesh Sahani, Son of Late Ram Nandan Sahani,

5. Manju Devi, Wife of Akhilesh Sahani, Both are Resident of VillageGijas, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rakesh Ranjan For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-02-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Saraiya P.S. Case No. 179 of 2015 for the offences punishable under sections 302, 201 and 34 of the I.P.C.

Reena Devi, the daughter of the informant, was married to Lakhindra Sahani ten years ago and out of the wedlock there are two daughters aged six years and five months and allegedly the petitioners and other in-laws including the husband

Patna High Court Cr.Misc. No.2640 of 2017 (3) dt.27-02-2017 2/2 killed her and burnt the dead body.

Submission is of false implication and that petitioner no.1 is Pattidar, petitioner nos. 2 and 5 are Nanad and petitioner nos. 3 and 4 are Nandoshi of the deceased having no concern with the family affairs of the deceased and her husband, they are living separately since long, there is no specific allegation against them either in the FIR or in the case diary, the informant after knowing the reality has filed petition showing innocence of the petitioners and as such the petitioners deserve sympathetic consideration. The learned A.P.P. submits that now the informant is retracting from his earlier version.

In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. S.D.J.M. (West), Muzaffarpur in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T