Hulash Sahani @ Ram Hulash Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56375 of 2021 Arising Out of PS. Case No.-194 Year-2021 Thana- GORAUL District- Vaishali ====================================================== Hulash Sahani @ Ram Hulash Sahani S/O Late Prameshwar Sahani R/O Village-Kabilpura, P.S-Goraul, District-Vaishali. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mrs.Bela Singh For the Opposite Party/s :
Dr. (Mrs.) Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and learned A.P.P. Dr. (Mrs.) Indiveer Kumari for the State. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Goraul (Katahara O.P.) P.S. Case No. 194 of 2021 instituted for the offences under Sections 302 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 6.7.2021, is a person with clean antecedent and charge-sheet has been submitted and the informant alleges that called the husband of the informant for fishing to the pond of Vindeshwar Rai on 6.5.2021,further during fishing, Vindeshwar Rai, Bachchu Rai, Krishana Rai, Lal
Patna High Court CR. MISC. No.56375 of 2021(2) dt.23-02-2022 2/3 Babu Rai and Pankaj Rai killed her husband by drowning him in the water due to enmity, further the informant came to know about the occurrence on 7.5.2021.
Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the FIR would manifest that the informant is not an eye-witness of the occurrence, the entire allegation is based on suspicion, further the husband of the informant had left for fishing on 6.5.2021 and did not come the whole night but the informant seemed was not bothered as she alleges in the FIR on 7.5.2021 that she came to know about the death of her husband on 7.5.2021. The learned counsel thus submits that the entire allegation hinges around suspicion and the FIR does not even disclose what kind of enmity the informant had with the petitioner and other accused persons and if the deceased was on an inimical terms with the petitioner and the accused persons then he would not have gone to the pond of Vindeshwar Rai for fishing. Learned A.P.
P. opposes the bail application.
Patna High Court CR. MISC. No.56375 of 2021(2) dt.23-02-2022 3/3 be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Goraul (Katahara O.P.) P.S. Case No. 194 of 2021.
(Satyavrat Verma, J) Ravi/- U T