Patna High Court - Orders
Ram Ballam Sahni vs The State Of Bihar on 5 May, 2017
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14904 of 2017
Arising Out of PS.Case No. -57 Year- 2015 Thana -PARSAUNI District- SITAMARHI
======================================================
Ram Ballam Sahni, Son of Gena Sahni, resident of village - Sumahuti, P.S.
Runni Saidpur, Distt. - Sitamarhi
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Vaidehi Raman Prasad Singh, Advocate.
Mr. Rajan, Advocate.
For the Opposite Party : Ms. Rita Verma, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
3 05-05-2017Heard both sides.
The petitioner seeks bail in Parsauni P.S. Case No. 57 of 2015 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
The informant Suresh Sahni alleged that his brother Umesh Sahni had gone to his in-laws house situated in village Lagma. Umesh Sahni informed the wife of the informant at 9 PM in the night that he was being assaulted by his in-laws and requested the wife of the informant to send the informant to his Sasural. The informant further alleged that the informant went there and came to know Hari Shankar Singh, brother-in-law of the deceased, Indal Sahni, Ram Ballam Sahni, the petitoner and others killed his brother.
Patna High Court Cr.Misc. No.14904 of 2017 (3) dt.05-05-20172/3
Shri Vaidehi Raman Prasad Singh, learned counsel for the petitioner submits that the petitioner is not named in the FIR. The petitioner is brother-in-law (Sarhu) of the deceased. The informant, himself, is not an eye witness of the occurrence but, during the course of investigation wife of the deceased stated that her husband insisted to take her to his own house on which some altercation took place between Umesh Sahni on the one hand and Harishankar Sahni, Ram Ballam Sahni and Indal Sahni on the other. All the three assaulted her husband on his testicles and her husband died. Similar is the statement of Manish Kumar who happens to be son of the deceased in paragraph 19 of the case diary. It is further submitted that all the three accused persons are alleged to have assaulted the deceased on his testicles but, from perusal of the post-mortem report no injury on the testicles of the deceased was found. The deceased got injuries such as bruise and laceration on head. Similarly situated co-accused Hari Shankar Sahni has been granted bail vide order dated 10.08.2016 passed in Cr. Misc. No. 29436 of 2016 and Indal Sahni vide order passed in Cr. Misc. No. 3909 of 2017. The petitioner is in jail since 06.10.2016.
Considering the facts aforesaid and the facts that omnibus and general allegation of assault is made against three Patna High Court Cr.Misc. No.14904 of 2017 (3) dt.05-05-2017 3/3 persons namely Harishankar Sahni, Indal Sahni and the petitioner Ram Ballam Sahni out of which two persons Indal Sahni and Harishankar Sahni have already been granted bail, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Parsauni P.S. Case No. 57 of 2015.
(Prabhat Kumar Jha, J.) KKSINHA/-
U T