Rajesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8535 of 2022 Arising Out of PS. Case No.-467 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== RAJESH SAHANI S/o Chandrika Sahani Resident of Village- Jagdishpur, Malahi Tola, P.S.- Nautan (Jagdishpur), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Nautan (Jagdishpur) Police Station Case No. 467 of 2018, registered for the offences punishable under Sections 304-B/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the marriage of the sister of the informant was solemnized with the co-accused in the year 2018 and within three months of the marriage, the sister of the informant died in her matrimonial home in suspicious condition and it is alleged that the petitioner, along with the family members, killed the

Patna High Court CR. MISC. No.8535 of 2022(2) dt.26-05-2022 2/3 deceased for non-fulfillment of the demand of dowry. Learned Counsel for the petitioner submits that the petitioner, who is the brother-in-law of the husband of the deceased, has falsely been implicated in this case merely because he happens to be the brother-in-law of the husband of the deceased and he has not committed any offence in the manner alleged. He further submits that there is no specific allegation attributed to the petitioner and the informant is not the eye-witness to the occurrence and has raised suspicion against the petitioner.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that there is no specific allegation against the petitioner of demanding dowry, charge sheet has been submitted and the petitioner is in custody since 21.01.2021, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West

Patna High Court CR. MISC. No.8535 of 2022(2) dt.26-05-2022 3/3 Champaran, at Bettiah, in connection with Nautan (Jagdishpur) Police Station Case No. 467 of 2018.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √