Dev Narayan Sahani @ Deve Narayan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27079 of 2014 Arising Out of PS.Case No. -302 Year- 2013 Thana -TAJPUR District- SAMASTIPUR ====================================================== Dev Narayan Sahani @ Deve Narayan Sahani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody since 25 .12.2013 in a case registered under section 304B, 201/34 of the Indian Penal Code.

The contention on behalf of the petitioner is that the informant gave a petition before the Chief Judicial Magistrate, Samastipur mentioning therein that she lodged the case under misconception and on the basis of wrong information. Taking note of the aforesaid facts and circumstances as well as submissions of the parties, this petition stands rejected. However, petitioner may renew his prayer for bail before the learned trial court itself after examination of the informant as prosecution witness and if petitioner does so and it is found by the

Patna High Court Cr.Misc. No.27079 of 2014 (3) dt.12-01-2015 2/2 trial court that the informant does not support the prosecution case, the petitioner should be released on bail fixing the amount by the court below itself.

(Hemant Kumar Srivastava, J) Namita/- U