Sikndar Sahani @ Sikindra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76548 of 2024 Arising Out of PS. Case No.-296 Year-2023 Thana- MOTIPUR District- Muzaffarpur ====================================================== Sikndar Sahani @ Sikindra Sahani Son of Ayodhya Sahani Resident of Village- Madhopur, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Motipur P.S. Case No. 296/2023 registered for the offences under Sections 302/201/34 of I.P.C.

3. As per the prosecution case, the marriage of the daughter of the informant was solemnized with one Kailash Sahani and it has further been alleged that the petitioner along with other co-accused has committed murder of the daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only because he is father-in-law of the deceased.

2/4 Learned counsel further submits that during the course of investigation several independent witnesses/ co-villagers have stated that there used to be some differences between the deceased and her husband and they used to quarrel on several occasions. It was the deceased who had always been threatening that she would consume poison and implicate all the in-laws in the said case. Learned counsel further submits that no incriminating evidence has come during the course of investigation and there is no eye witness to the alleged occurrence. It is lastly submitted that the petitioner has clean antecedent and is languishing in custody since 06.06.2024.

5. Learned counsel for the State has opposed the prayer for bail of the petitioner and submits that petitioner along with other accused persons has committed murder of informant's daughter.

6.

Considering the aforesaid facts and circumstances of the case and taking into account that there is no specific overt act alleged against the petitioner and also taking into account the period of custody, let the petitioner above-named be enlarged on bail on furnishing

3/4 bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st (West) Muzaffarpur in connection with Motipur P.S. Case No. 296/2023 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. The petitioner shall not approach the informant or any of the family members or the victim girl to either coerce or threaten during the pendency of the trial.

d. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the Court concerned.

e. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of

4/4 bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) tusharika/- U T