Mahesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37571 of 2018 Arising Out of PS.Case No. -7 Year- 2015 Thana -BENIPATTI District- MADHUBANI ======================================================

1. Mahesh Sahani son of Late Binde Sahani R/o Village - Ranipur, P.S. Benipatti, District Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s: Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioner is of committing murder of the sister of the informant.

It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case. It has further been submitted that the petitioner is the elder brother of the husband of the deceased, who was living separate with the deceased. In the post mortem report, the Doctor has opined the cause of death due to asphyxia smothering. Petitioner has got no criminal antecedent and is in custody since 14.03.2018.

Patna High Court Cr.Misc. No.37571 of 2018 (2) dt.05-07-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 learned Court below where the case is pending in connection with Benipatti Police Station Case No. 07 of 2015, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below. (Birendra Kumar, J) Kundan/- U T