Ravindra Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.2222 of 2016 (3) dt.11-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2222 of 2016 Arising Out of PS.Case No. -73 Year- 2015 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Ravindra Sahani S/o Bhola Sahani resident of Village - Raghunathpur, Imadpur, P.S. Bhagwanpur, District - Vaishali. .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Umesha Nand Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under sections 304(B)/201 of the Indian Penal Code.

Sanita Devi, daughter of the informant was married to the petitioner three years ago and she was living in her in-law's house happily but on 22.04.2015 the informant came to know that his daughter has been killed and her dead body has been made traceless and then the informant went there and thereafter lodged the case.

Submission is of false implication, there is no allegation of demanding any dowry, no motive has been assigned in the F.I.R. and also in the further statement. As a matter of fact, there was cordial relation between the petitioner and his wife but

Patna High Court Cr.Misc. No.2222 of 2016 (3) dt.11-03-2016 unfortunately she complained severe pain and while she was being brought to P.M.C.H., she died in the way and thereafter after giving due information to her parents, cremation was done in the presence of the informant but being instigated by the enemies of the petitioner, the informant lodged this case. The petitioner is suffering in custody since 20.02.2015 and deserves sympathetic consideration.

The learned A.P.P. submits that in the F.I.R. there is no allegation for making any demand or torturing the deceased but during investigation some witnesses have stated regarding demanding motor cycle, colour T.V. etc.

In the facts and circumstances of the case stated above and considering that charge-sheet has already been submitted and there is no chance of tampering with the evidence, the petitioner above named is directed to be released 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 73 of 2015.

(Jitendra Mohan Sharma, J) Amin/- U