Naresh Sahnia @ Ram Naresh Sahani @ Naresh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17328 of 2021 Arising Out of PS. Case No.-240 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

Naresh Sahnia @ Ram Naresh Sahni @ Naresh Sahani aged about 50 years Male, son of Late Baleshwar Sahni Resident of Village - Samastipur, P.S.- Sahebpur Kamal, Distt.- Begusarai.

2.

Kajal Devi @ Kajoma Devi aged about 45 years, W/O Ram Naresh Sahni @ Naresh Sahni Resident of Village - Samastipur, P.S.- Sahebpur Kamal, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Opposite Party/s :

Mr. Ram Sumiran Roy A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

08-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioners seek bail in Sahebpur Kamal P.S. Case No. 240 of 2020, registered for the offence under Sections 304(B), 201, 34 of the Indian Penal Code.

It is a case of 'Dowry Death'. Petitioner no. 1 happens to be father-in-law and petitioner no. 2 is mother-in-law of the deceased and they are alleged to have killed the deceased due to non-fulfillment of demand of dowry.

It is submitted on behalf of petitioners that there is no specific allegation of overt act against these petitioners. Petitioners are old-aged persons and are living separately. Petitioners are in custody since 14.10.2020.

Patna High Court CR. MISC. No.17328 of 2021(2) dt.08-07-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the rival submissions of the parties and the fact that petitioners are father-in-law & mother-in-law of deceased and there is no specific allegation of overt act against them, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 240 of 2020, on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T