Two co-accused sought bail in a murder case alleging they killed the informant's husband due to extra-marital relationships with her. The court, noting serious allegations supported by case diary materials including mobile conversations, rejected both bail applications and requested expeditious trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49158 of 2024
Arising Out of PS. Case No.-1 Year-2024 Thana- MOTIHARI RAIL P.S. District- West Champaran
======================================================
Santosh Sah Son Of Late Pyare Sah @ Late Pyarelal Sah Village- Lalbegiya, P.S.- Chiraiya, Distt.- East Champara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 63584 of 2024
Arising Out of PS. Case No.-1 Year-2024 Thana- MOTIHARI RAIL P.S. District- West Champaran
====================================================== Jaylal Sahani S/o- Ram Bahadur Sahani Resident of village- Lal Begiya PsChiraiya District- East Champaran
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 49158 of 2024) For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the State : Mr. Nand Kishore Prasad, APP (In CRIMINAL MISCELLANEOUS No. 63584 of 2024) For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the State : Mr. Rabindra Kumar, APP ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 21-10-2024
Heard Mr. Bimlesh Kumar Pandey, in Cr. Misc. No.
49158 of 2024 and Mr. Sharad Kumar Verma in Cr. Misc. No. 63584 of 2024 learned counsel for the petitioners as also learned APPs for the State.
Patna High Court CR. MISC. No.49158 of 2024(5) dt.21-10-2024 2/3
Code lodged on 08.01.2024 by the informant Sunila Devi.
the deceased submitted a written report informing that her husband had gone to the market but failed to return. Later, a dead body was found near Railway Station, Motihari and when she reached with family members near the railway track found the husband’s dead body. Subsequently, the investigation took place and it came to notice that both these petitioners were having extra marital affairs with the lady informant. The deceased had come to know about this affair and had directed the lady not to have any truck with the accused persons. This was informed by the lady to the accused but as they could not resist meeting her, the case is that without informing her about their plan, the husband was taken and after feast, both ensured that he is killed and the dead body was thrown near the railway track.
Patna High Court CR. MISC. No.49158 of 2024(5) dt.21-10-2024 3/3
and as such, it was their common intention to remove the block (the deceased husband) to ensure that they have uninterrupted meeting with the lady.
(Rajiv Roy, J)
vinayak/-
U T
1 issue framed by the court
Whether regular bail should be granted to the petitioners accused under Sections 302, 201 and 34 IPC for the alleged murder of the informant's husband.
3 provisions across 1 enactments
Santosh Sah
Jaylal Sahani
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
