Patna High CourtCR. MISC./79283/2018bail granted

Yashwant Sahani v. The State Of Bihar

2019-04-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79283 of 2018 Arising Out of PS. Case No.-84 Year-2016 Thana- KARJA District- Muzaffarpur ====================================================== Yashwant Sahani Son of Loha Sahani @ Vishwanath Sahani Resident of Village- Narhar Sarai, Police Station- Karja, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.

Allegation is that the petitioner and other family members committed murder of the wife of the petitioner by burning her.

Submission is that there is no allegation of any demand; rather specific case of the informant, who is not an eyewitness of the occurrence, is that the petitioner came in a drunken condition and assaulted to his wife and thereafter one of the family members put her in fire.

Patna High Court CR. MISC. No.79283 of 2018(4) dt.15-04-2019 2/2 Submission is that there is no eyewitness of the occurrence. The petitioner is in custody since 21.05.2018. Due to some family dispute the victim might have committed suicide.

Considering the fact that there is no direct evidence of murder against the petitioner nor there is presumption of dowry death in the facts and circumstances of this case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Karja P.S. Case No.84 of 2016, with condition that petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T