Kunal Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4275 of 2025 Arising Out of PS. Case No.-34 Year-2024 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== Kunal Kumar Sahani Son of Basant Sahani Resident of village - Tarvanwa, P.S.- Shyampur Bhataha, District - Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-02-2025 Heard Mr.Rajesh Kumar, learned counsel for the petitioner and Mr.Shailendra Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Shyampur Bhataha P.S. Case No.34 of 2024, F.I.R. dated 28.03.2024 for the offences punishable under Sections 341, 323, 498A, 304(B)/34 of the Indian Penal Code.

3. According to prosecution case, all the accused persons including this petitioner have murdered the sister of the informant due to non-fulfillment of demand of dowry.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case merely on the ground that petitioner is husband of the deceased and it appears from the

Patna High Court CR. MISC. No.4275 of 2025(3) dt.21-02-2025 2/2 FIR that the informant is not the eye witness of the alleged occurrence and merely on the basis of suspicion the petitioner has been made accused in the present case and apart from that, from a bare perusal of the FIR it appears that there is no specific allegation of any assault, overt-act or demand of dowry attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner. In fact the deceased has committed suicide herself.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner is named in the FIR and the petitioner is husband of the deceased and she has died in her matrimonial home and apart from that, the inquest report of the deceased suggests that she has died on the ground of hanging on the rope.

6. Considering the aforesaid facts, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Shyampur Bhataha P.S. Case No.34 of 2024 pending in the court of learned A.C.J.M.-I, Sheohar.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T