Hari Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22781 of 2015 Arising Out of PS.Case No. -452 Year- 2013 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Hari Sahni son of Bandhu Sahani, resident of village- Shastrinagar, P.S.- Bagaha (Pathkhauli), District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 302, 201/34 of the Indian Penal Code. The prosecution story, in brief, is that there is land dispute between Indu Devi (daughter of the informant) and Dashrath Sahni. It is further alleged on 25.09.2013 at 11 A.M. the informant got information that his daughter, Indu Devi, has been killed and her dead body had been hidden in Dumwaliya Reta. After getting information the informant proceeded at village Kailashnagar and reached at the house of his daughter where his daughter is not found and the informant enquired about the same from neighbours. The dead body of the Indu Devi was found in Dumwaloya Reta.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.22781 of 2015 (3) dt.02-09-2015 2/2 that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case due to land dispute between the parties. It is also submitted that there is no direct or indirect evidence to suggest the implication of the petitioner in the alleged occurrence.

On behalf of the State, it has been submitted that from perusal of the case diary it appears that only suspicion is said tp h have been raised against the petitioner regarding his involvement in the present case.

Considering the fact that there is no direct or indirect evidenced against the petitioner, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.,Bagaha, District- West Chmparan in connection with Bagaha (Pathkhauli) P.S.Case No. 452/2013, subject to the conditions as laid down u/s 438(2) Cr.P.C.

(Sudhir Singh, J) singh/- U T