Santosh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46839 of 2022 Arising Out of PS. Case No.-415 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== SANTOSH SAHANI Son of Ramanand Sahani Resident of Village - Bara Bharthi, P.s.- Minapur, Distt.- Muzaffarpur. .. Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Minapur P.S. Case No. 415 of 2018 registered for the offence punishable under sections 304(B), 201/34 of the Indian Penal Code and sections 304(B), 201 and 34 of the Indian Penal Code. As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the daughter of the informant due to non-fulfillment of motorcycle and ultimately they killed her and with a view to wipe off the evidence, they cremated her dead body secretly. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased. Prior to the alleged occurrence, there is no any complain against the petitioner. He has been falsely implicated in this case. He has never demanded any thing from the deceased. Not a single

Patna High Court CR. MISC. No.46839 of 2022(3) dt.31-01-2023 2/2 witness has supported the prosecution story during investigation. In fact, deceased died due to snake bite and about her death, information was provided to her maternal family members. Informant has participated in deceased's funeral. No postmortem was done upon the deceased. After prevailing good sense, matter has been compromised outside the Court, which is mentioned in para 67 of the case diary and also annexed as Annexure-2 to this petition. Petitioner is languishing in judicial custody since 5.5.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur in connection with Minapur P.S. Case No. 415 of 2018.

(Sunil Kumar Panwar, J) sushma/- U