Ram Babu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11997 of 2022 Arising Out of PS. Case No.-255 Year-2021 Thana- RAMGARHWA District- East Champaran ====================================================== Ram Babu Sahani Son of Jitendra Sahani Resident of Village - Ramgarhawa Malahi Tola, P.S. - Ramgarhawa, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Ramgarhwa P.S. Case No. 255 of 2021, registered for the offence punishable under Sections 341, 323, 307, 354(B), 498A, 504 and 34 of the Indian Penal Code.

As per the FIR, all the FIR named accused persons including this petitioner committed torture, cruelty for dowry and tried to oust her from her matrimonial house. It is further alleged that Shyam Babu Sahani and Jitendra Sahani who are inlaws of informant tried to kill her for dowry. Petitioner is husband of the deceased.

It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.11997 of 2022(2) dt.09-05-2022 2/2 petitioner is innocent and he is simply victim of false implication because he is husband of the informant. No such occurrence has ever taken place and there was no demand of dowry by the petitioner. There is general and omnibus allegation. From injury report, it appears that injuries sustained by the informant is simple in nature. Petitioner is in custody since 28.12.2021 having no criminal antecedent. Learned APP however, vehemently opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation and the fact that petitioner is husband of the deceased against whom there is allegation of demand of dowry and torture, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T