Rajan Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54450 of 2016 Arising Out of PS.Case No. -431 Year- 2016 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Rajan Sahni, S/o Siyalal Sahni

2. Pramila Devi, W/o Rajan Sahni, Both Resident of Mohalla- Balughat Bramhasthan, P.S.- Town, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302, 201 and 120B/34 of the Indian Penal Code.

The deceased Aman Kumar @ Bittu had gone to play along with Akash Sahni. Bittu did not return and Akash gave evasive reply. Thereafter, Akash was taken into confidence and he disclosed that named accused persons including the petitioners have committed murder of the victim and thrown the dead body in the river. Later on, police recorded statement of Akash Sahani wherein he disclosed the details of the occurrence saying that

Patna High Court Cr.Misc. No.54450 of 2016 (8) dt.21-04-2017 victim died of drowning in the river. Akash did not say anything about the petitioners regarding their presence or involvement. Learned counsel for the informant opposed the prayer of bail.

Considering the facts and circumstances specially the fact that there is no material against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur/Successor Court in connection with Town P.S. Case No.431 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioners in this case.

(Birendra Kumar, J) Arvind/- U T