Chandrika Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20802 of 2023 Arising Out of PS. Case No.-467 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== CHANDRIKA SAHANI S/O MANEGAR SAHANI R/v- Jagdishpur, Malahi Tola, P.S.- Jagdishpur (Nautan), District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-04-2023 Heard the parties.
Petitioner renews his prayer for regular bail in connection with Sessions Trial No. 236 / 2021 arising out of Nautan (Jagdishpur) P.S. Case No. 467 of 2018 dated 08-09-2018 registered for the offence under Sections 304 (B) / 34 of the I.P.C. The prosecution case as per the F.I.R. is that marriage of the sister of the informant was solemnized with the son of the petitioner in the year 2018 and within three months of marriage the sister of informant died in her matrimonial home in suspicious circumstances. It is further alleged that petitioner along with his family members killed the deceased due to non fulfillment of demand of dowry.
Patna High Court CR. MISC. No.20802 of 2023(3) dt.26-04-2023 2/3 Learned counsel for the petitioner submits that petitioner is the father-in-law of the deceased and while rejecting the bail application of the petitioner earlier on 07.03.2022 vide Cr. Misc. No. 32208 / 2021 this Court had granted liberty to the petitioner to renew his prayer for bail after nine months. The petitioner is in custody since 22.06.2020. Learned counsel referring to para-11 of the bail application submits that charges were framed on 22nd February 2022 but no witness has been examined since then.
Regard being had to the submissions made by the parties, taking into consideration the fact that petitioner is the father-in-law (i.e. relative of the husband), he is in custody since 22.06.2020, trial has not registered any substantial progress and this is second attempt for bail on behalf of the petitioner, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000 /- ( ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge III-cum-Special Judge (M.P. & M.L.A.), Bettiah, West Champaran in connection with the Sessions Trial No. 236 of 2021 arising out of Nautan (Jagdishpur) P.S. Case No. 467 / 2018 on the condition that the
Patna High Court CR. MISC. No.20802 of 2023(3) dt.26-04-2023 3/3 petitioner shall remain physically present on each and every date during the course of trial and in case of default on two consecutive dates his bail bond shall liable to be cancelled. (Anil Kumar Sinha, J) praful/- U T