High Court Patna High Court - Orders

Madan Sahni vs The State Of Bihar on 28 September, 2011

Patna High Court – Orders
Madan Sahni vs The State Of Bihar on 28 September, 2011


IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33222 of 2011
Madan Sahni
Versus
The State Of Bihar

2. 28.09.2011. Heard the learned counsels for the

petitioner and the State.

The petitioner being the husband is

apprehending his arrest in which on protest

the cognizance has been taken under Sections

304B, 201/34 of the Indian Penal Code.

It is submitted that during

investigation the accusation was found false

and the victim died due to diarrhoea when

the final form was submitted as a mistake of

fact on 05.12.2007 and protest was filed on

12.12.2007. It appears that for occurrence

of 17.09.2007 the F.I.R. was lodged on

02.10.2007. It is further submitted that out

of wedlock there is a male child who is

still residing with the petitioner.

Considering the fact that accusation

was found false during investigation, let

the petitioner, above named, be released on

bail in the event of arrest or surrender

before the learned court below within a

period of twelve weeks from today in

connection with complaint case no. C1-1017
2

of 2008 on furnishing bail bond of

Rs.10,000/-(Ten Thousand) with two sureties

of the like amount each to the satisfaction

of the learned S.D.J.M., Sitamarhi Sadar,

subject to the conditions as laid down under

Section 438(2) of the Code of Criminal

Procedure.

Learned court below will be at

liberty to cancel the bail of the petitioner

if the petitioner defaults for three

consecutive occasions during trial.

U. K.                                    ( Dinesh Kumar Singh, J)