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Patna High CourtCR. MISC./25275/2016rejected

Santosh Sahani v. The State Of Bihar

2016-08-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25275 of 2016 Arising Out of PS.Case No. -102 Year- 2014 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Santosh Sahani, Son of Babu Lal Sahni, Resident of Village - Jhigha, P.S. Motipur, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Kumari Sujata Sinha, Advocate. For the Opposite Party/s : Mrs. Sucheta Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-08-2016 Heard both sides.

The petitioner apprehends his arrest in Motipur P.S. Case No. 102/14 registered under Sections 302, 328, 201 of the Indian Penal Code.

The informant alleged that her daughter was married to the petitioner two years ago but the informant got information that her daughter was killed. The informant and her son Shatrughan Sahani went to her in-laws' house along with the villagers but her daughter was not found there. Even her dead body was not traced. Learned counsel for the petitioner submits that the petitioner is, of course, named in the FIR but later on it has come that the deceased died due to cholera and the informant filed a petition to compromise the case.

Considering the facts that the petitioner is the

Patna High Court Cr.Misc. No.25275 of 2016 (3) dt.18-08-2016 2/2 husband of the deceased and marriage of the deceased was solemnized with the petitioner only two years ago and even the dead body of the deceased could not be traced out, I am not inclined to enlarge the petitioner on anticipatory bail in Motipur P.S. Case No. 102 of 2014. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T