Dinesh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54022 of 2024 Arising Out of PS. Case No.-149 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== Dinesh Sahani SON OF Lalmohar Sahni Village- Sadaua, P.S.- Sidhwaliya, District -Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Advocate For the State :
Mr. Pramod Kumar Pandey, A.P.P.
For the Informant :
Mr. Rishi Raj Raman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner, informant and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Sidhwalia P. S. Case No. 149 of 2023 in a case registered for the offences punishable under Sections 341, 323, 324, 325, 447, 504, 506/34 of the Indian Penal Code. Sections 307 and 302 of the Indian Penal Code were added later on.
3. As per the prosecution case, all the F.I.R. named accused persons including this petitioner, variously armed, came and started abusing informant and when he opposed, it is alleged that co-accused Kishore Sahani and this petitioner assaulted informant and his wife by means of iron rod due to which wife of informant died during course of treatment.
Patna High Court CR. MISC. No.54022 of 2024(3) dt.18-10-2024 2/2
4. Learned counsel for the petitioner submits that both parties are pattidars and due to land dispute, a free fight took place between the parties. Case and counter case. It is further submitted that the deceased died after two days of the alleged occurrence which itself created doubt over veracity of the prosecution case. Petitioner is in custody since 30.04.2024.
5. However, learned counsel for the informant vehemently opposed the bail application and submitted that there is specific accusation that this petitioner gave iron rod blow as a result of which wife of informant sustained injury and during course of treatment, she died.
6. Considering the nature of accusation and gravity of the offence, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Navya/- U T