Ajay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17086 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.

Ajay Sahni Son Of Late Bhajan Sahni Resident Of Village - Kothiya, P.S. - Hathauri, District - Muzaffarpur 2.

Leela Devi Wife Of Ajay Sahni Resident Of Village - Kothiya, P.S. - Hathauri, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Hathauri P.S. Case No. 244 of 2023, dated 25.11.2023, instituted for the offence punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the informant alleged that the marriage of his daughter namely Ravita Kumari was solemnised with Jaddu Sahni. After some years of marriage, her husband and other in-laws started torturing her and demanded Rs. 1,00,000/-. It is further alleged on 25.11.2023, the informant got information about death of his daughter.

Patna High Court CR. MISC. No.17086 of 2024(2) dt.18-03-2024 2/3 Thereafter, the informant reached the house of the petitioner where nearby people disclosed that his daughter was killed by strangulation and her dead body has been disposed of.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that petitioners are elder brother and sister-in-law (Bhabhi) of Jaddu Sahni and they are living separately from husband of the deceased. It is further stated that the allegation against the petitioners is general and omnibus in nature. It is next submitted that informant is not the eye witnesses of the occurrence and when he came to know about the real fact with regard to death of his daughter due to illness, within 10 days of occurrence, the informant filed permission petition along with compromise petition in the court below stating that her daughter had died natural death. Lastly, it has been submitted that the petitioners have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of

Patna High Court CR. MISC. No.17086 of 2024(2) dt.18-03-2024 3/3 six weeks from today, in connection with Hathauri P.S. Case No. 244 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Court no. 10 of J.M. 1st Class, Muzaffarpur (East), subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T