Pappu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84293 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- MEHSI District- East Champaran ====================================================== Pappu Sahani Son of Shivraj Sahani @ Shivram Sahani RESIDENT OF VILLAGE- KAURIYA MOR, P.S.- MADHUBAN, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Satyendra Prasad For the Informant : Mr. Bhavesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code.

3. As per FIR, the informant alleged that due to family dispute the petitioner being husband of her daughter committed murder.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.84293 of 2023(3) dt.19-03-2024 2/3 committed no offence. The petitioner is the husband of the deceased and due to family dispute he has falsely been implicated in this present case. The deceased used to live her parental house rather than her matrimonial house and at the date of alleged occurrence the petitioner was not present. As per Postmortem Report, and the same is annexed with Case Diary, it appears that cause of death is asphyxia due to hangiing. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.10.2023.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of Bail and submitted that deceased died within one year of her marriage.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Mehsi P.S. Case No. 47 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.84293 of 2023(3) dt.19-03-2024 3/3 C.J.M., East Champaran at Motihari.

(Sunil Kumar Panwar, J) Manishkr/- U T