Santosh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58779 of 2019 Arising Out of PS. Case No.-49 Year-2018 Thana- AURAI District- Muzaffarpur ====================================================== Santosh Sahni, Son of Kishori Sahni, Resident of Village - Sarhachiya, P.S.- Aurai, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 This is an application for grant of anticipatory bail in connection with Aurai P. S. Case No. 49 of 2018, disclosing offences under Sections302, 328, 34 of IPC.

As per F.I.R. the deceased who happens to be the son of the informant was living outside and collected Rs.10 lacs and given in his Sasural, on his return, he went there to collect the amount and it is said that in the night a phone call received from his son that he has been brutally assaulted and later on he received another call that he died.

Submission of the learned counsel for the petitioner is that the postmortem report shows that there is no external injury over the dead body of the deceased and considering the same, wife of the deceased has been granted anticipatory bail by a Coordinate Bench of this Court, vide order dated 18.11.2019

Patna High Court CR. MISC. No.58779 of 2019(4) dt.20-11-2019 2/2 passed in Criminal Misc. No. 58124 of 2019.

Heard learned A.P.P. and perused the case diary as well as Viscera report, which has been received and in the viscera report "Lalphas" was found in the viscera. Earlier Viscera report was not available.

Having heard both sides, in view of the allegations, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he has to surrender before the learned court below and make prayer for regular bail, the same shall be considered on the basis of the materials available on the record as well as the submission that other accused person has been granted privilege of anticipatory bail by this Court. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T