Ram Balak Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1155 of 2020 Arising Out of PS. Case No.-340 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== 1.

Ram Balak Sahani Son of Vishnudev Sahni, Resident of Village- Keshopur, P.S.- Lalganj, Distt- Vaishali.

2.

Sakali Devi W/o Hari Ballam Sahani, Resident of Village- Keshopur, P.S.- Lalganj, Distt- Vaishali.

3.

Hari Ballam Sahni S/o - Vishundev Sahni, Resident of Village- Keshopur, P.S.- Lalganj, Distt- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manohar Prasad Singh For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-02-2021 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Lalganj P.S. Case No. 340 of 2019 registered for offence punishable under sections 304(B), 201/34 of the Indian Penal Code.

The marriage of the daughter of informant, namely, Sanju Kumari was solemnized with Sonu Kumar son of Hari Ballam Sahni on 15.06.2014 but later on, dispute arose for not giving sufficient dowry at the time of marriage and thereafter, the petitioners started demanding a motor cycle

Patna High Court CR. MISC. No.1155 of 2020(3) dt.23-02-2021 2/3 and cash of Rs.2,00,000/- which the victim failed to satisfy the accused persons and ultimately she had been killed and her body had been traceless.

Learned counsel for the other side submits that petitioners have made out a bogus story that the victim has committed suicide on account of the fact that she could not conceive child and on that account she was in depression but from the record it appears that after death, her body had been made traceless. He further submits that the husband of the victim is behind the jail and petitioner no. 2 is mother-in-law and petitioner no.3 is father-in-law and they are living separately but no material has been brought to show that they are living separately.

In such view of the matter, this Court is not inclined to grant bail to petitioner nos. 2 and 3 and accordingly their prayer for grant of anticipatory bail is rejected.

So far Ram Balak Sahani, petitioner no. 1, who is uncle of the husband of the victim lady has no connection with that family.

Looking to the facts and circumstances of the case, let Ram Balak Sahani, petitioner no.1 in event of arrest or surrender before the court below within six weeks from today, be released

Patna High Court CR. MISC. No.1155 of 2020(3) dt.23-02-2021 3/3 on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Hajipur at Vaishali in connection with Lalganj P.S. Case No. 340 of 2019, subject to condition as laid down under section 438 (2) Cr.PC and further condition is that one of the bailors of the petitioner no. 1 shall be his close relative and the petitioner no. 1 will not induce any witness or tamper with the evidence and he shall cooperate in the disposal of trial and make himself available as and when required by the court. In case of failure on two consecutive dates without any valid reason, the court below will have liberty to take decision in accordance with law.

(Shivaji Pandey, J) Mahesh/- U T