Ram Prit Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 44832 of 2025 Arising Out of PS. Case No.-116 Year-2024 Thana- SAHARGHAT District- Madhubani ====================================================== Ram Prit Sahani S/o Late Ram Ratan Sahani, R/o Village-Karahua Ghat, P.S.- Saharghat, Distt.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Namrata Mishra, Sr. Adv.
Mr. Ratnakar Jha, Adv.
For the Opposite Party/s :
Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-10-2025 Heard Ms. Namrata Mishra, learned senior counsel for the petitioner and Mr. Md. Nazir Ansari, learned APP for the State.
2. Petitioner seeks regular bail in connection with Saharghat P.S. Case No. 116 of 2024 dated 25.12.2024 registered for the offence punishable under section 302 of the Indian Penal Code.
3. The main submissions advanced by petitioner's counsel are that the petitioner is a 56 year old person and has been languishing in jail since 01.03.2025, having fair and clean antecedent and in connection with the death of the deceased, initially an UD Case bearing Saharghat P.S. Case No. 02/2023 was registered by the father of the deceased, who did not make any allegation in the said UD Case and thereafter, mainly on the
Patna High Court CR. MISC. No.44832 of 2025(4) dt.15-10-2025 2/3 basis of the report of the postmortem examination, the informant, who happens to be the police sub-inspector, suspected the commission of murder of the deceased and consequently, lodged the FIR. It is further submitted that admittedly there was love affair in between the victim and the petitioner's son but both belonged to different castes, due to which there was some tension between the petitioner's son and the victim, who was not inclined to enter into marital relationship with the petitioner's son and the same is the main reason for suspecting the petitioner to be involved in the commission of the alleged occurrence by the prosecution witnesses, whose statements have been recorded. It is further submitted that there is no direct evidence to show the petitioner's involvement in killing the deceased by throttling.
4. Learned APP for the State has opposed the prayer of the petitioner and submits that the victim was killed by throttling by the petitioner and his family members and the petitioner accepted his role in the commission of the alleged occurrence before the investigating officer while recording his statement and the medical findings in the postmortem report clearly show the commission of murder, as the cause of death was opined to be Asphyxia by throttling.
Patna High Court CR. MISC. No.44832 of 2025(4) dt.15-10-2025 3/3
5. In the facts and circumstances of this case and mainly the petitioner's custody period and his fair and clean antecedent and also the fact that there is no direct evidence to show his involvement in the alleged crime and admittedly there was love affair between the victim and the petitioner's son and there was also tension in between them on account of his son's insistence to enter into marital relationship with the deceased, which was not acceptable to her and coupled with an inordinate delay in lodging the FIR, this Court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Saharghat P.S. Case No. 116 of 2024.
(Shailendra Singh, J) annu/- U T