Mantu Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.17999 of 2017 (3) dt.09-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17999 of 2017 Arising Out of PS.Case No. -698 Year- 2016 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Mantu Sahni, Son of Suresh Sahni, Resident of Village- Shekhpur Dhab, P.S.- Ahiyapur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 698 of 2016 registered for the offence punishable under Section 302/34 of the Indian Penal Code. Allegedly, the petitioner shot Irshad and Irshad stated about the occurrence to his father and others and when he was brought to S.K.M.C.H., Muzaffarpur, he was declared dead. Submission is of false implication and that the petitioner has been made victim of the circumstances, he was not present at the place of occurrence but in spite of that he has been named. The police after adopting third degree method has got recorded the statement of the petitioner which has got no

Patna High Court Cr.Misc. No.17999 of 2017 (3) dt.09-05-2017 evidentiary value in the eye of law and, as such, the petitioner deserves sympathetic consideration as he is suffering in custody since 09.11.2016.

Learned A.P.P. opposes the prayer of bail by submitting that the deceased before his death has stated the name of the petitioner as an assailant and further witnesses have also supported the said fact and the petitioner has confessed his guilt also.

In the facts and circumstances stated above, considering the serious allegation attributed against the petitioner, at present I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Ahiyapur P.S. Case No. 698 of 2016 pending in the Court of learned CJM, Muzaffarpur.

(Jitendra Mohan Sharma, J) sushma/- U T