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Patna High CourtCR. MISC./9833/2016rejected

Sanjay Sahni @ Ajay Sahni v. The State Of Bihar

2016-04-29Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.9833 of 2016 (3) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9833 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -KATRAHA District- VAISHALI(HAJIPUR) ======================================================

1. Sanjay Sahni @ Ajay Sahni S/o Nareshi Shani @ Ram Naresh Sahni, Resident of Village - Patepur, P.S. - Kartahan, District - Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Paswan For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Kartahan P.S. Case No.32/2015 registered under Section 302/34 of the Indian Penal Code.

The accusation is of committing murder of the daughter of informant by her husband and in-laws and whose dead body was recovered on 24.05.2015.

Learned counsel for the petitioner submits that admittedly the marriage of the petitioner was performed before nine years of the occurrence. As such this petitioner has been falsely implicated in this case mere on suspicion for committing murder of the deceased Sulekha Devi. The further submission is

Patna High Court Cr.Misc. No.9833 of 2016 (3) dt.29-04-2016 that at the time of occurrence the petitioner was not at the house rather he was at Delhi for his livelihood.

Learned Additional Public Prosecutor opposed the prayer of bail with submission that the case diary shows that the dead body of the deceased was recovered in the earth and in the postmortem report, the cause of death is asphyxia due to strangulation.

Taking into consideration the facts and circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner stands rejected.

(Rajendra Kumar Mishra, J.) Amit/- U T