Upendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68139 of 2024 Arising Out of PS. Case No.-269 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== Upendra Sahani Son of Late Dasai Sahani Resident of village -Ramgadh Muhuawa, P.S.- Piprakothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-11-2024 Heard Mr.Sagar Kumar, learned counsel for the petitioner and Mr.Shahabuddin Azeem @ S. Azeem, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 09.01.2024 in connection with Piprakothi P.S. Case No. 269 of 2023, F.I.R. dated 27.11.2023 registered for the offence punishable under Sections 302,201,120(B),34 of the Indian Penal Code.

3. According to prosecution case, all the accused persons including the petitioner have murdered the daughter of the informant and threw her dead body near Bela Ghat river in order to conceal the evidence.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case merely on the ground that the petitioner is husband of the deceased and from a bare

Patna High Court CR. MISC. No.68139 of 2024(3) dt.28-11-2024 2/2 perusal of the FIR it appears that there is no specific allegation of any assault or overt-act attributed against the petitioner. Further submits that the informant is not the eye witness of the alleged occurrence and merely on the basis of suspicion, the present FIR has been instituted.

5. Vide order dated 27.09.2024 report was called for with regard to the present stage of the trial. Report of the learned Trial Court dated 08.10.2024 reveals that the charge has been framed against the petitioner on 20.06.2024 and five witnesses have already been examined.

6. Considering the nature of allegation as well as report of the learned Trial Court which suggests that the trial is in progress, I am not inclined to enlarge the petitioner on bail in connection with Piprakothi P.S. Case No. 269 of 2023 pending in the court of learned 20th Additional Sessions Judge, East Champaran, Motihari.

7. Prayer is refused.

8. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T