Patna High CourtCR. MISC./9213/2018partly allowed disposal

Lakhindra Sahani And ANR v. The State Of Bihar

2018-02-17Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9213 of 2018 Arising Out of PS.Case No. -179 Year- 2015 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Lakhindra Sahani, S/o Late Ram Prasad Sahani,

2. Sunarpatiya Devi W/o Late Ram Prasad Sahani, Both resident of Village-Amaitha , P.S.- Saraiya (Jaitpur O.P.) Distt.- Muzaffarpur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 179 of 2015 registered under Sections 302 and 201 read with 34 of the Indian Penal Code.

Regard being had to the omnibus and general nature of allegation against petitioner no.2, Sunarpatiya Devi, who is said to be a lady of 70 years and the death of the daughter of the

Patna High Court Cr.Misc. No.9213 of 2018 (2) dt.17-02-2018 informant took place after ten years of marriage, in the event of arrest or surrender in the court below within six weeks from today, she is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge-1st- cum-A.C.J.M.-1st, (West), Muzaffarpur in connection with Saraiya P.S. Case No. 179 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

As far as petitioner no.1, Lakhindra Sahani is concerned, looking at the gravity of the offence and the fact that he being the husband of the victim is mainly responsible for the alleged killing of his wife, I am not inclined to grant him pre-arrest bail. His application is rejected. (Ashwani Kumar Singh, J.) Sanjeet/- U T