Mahendra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15816 of 2022 Arising Out of PS. Case No.-696 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.
MAHENDRA SAHNI S/O LATE SARYUG SAHNI R/o village- Jamalabad, P.S.- Ahiyapur, District- Muzaffarpur 2.
Manchan Devi W/o Mahendra Sahni R/o village- Jamalabad, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan, Advocate For the Opposite Party/s:
Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-08-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioners seek bail in connection with Ahiyapur P. S. Case No. 696 of 2021 registered for the offence under Sections 304 (B) and 34 of the Indian Penal Code. The accused/petitioners are named in the F.I.R., where, both the petitioners are in custody since 13.10.2021. The allegation against the petitioner is to cause death of the daughter of the informant along with other co-accused persons and family members, due to non-fulfillment of demand
Patna High Court CR. MISC. No.15816 of 2022(3) dt.31-08-2022 2/3 of dowry.
Learned counsel appearing on behalf of the petitioner submitted that both the petitioners, who are none, but father and mother of the husband of the deceased, have falsely been implicated in the present case, just for being parents of the husband of the deceased, without any involvement. It is also submitted that both petitioners are living separately having no connection with daily/domestic affairs of the deceased and her husband. It is also submitted that the allegation as set out in written complaint is contradictory as postmortem report is not suggesting any external injury. It is also submitted that death was due to "ante-mortem hanging", only suggesting that this is a case of suicide. While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that no external injury were found upon the body of the deceased, as per postmortem report. Considering the facts and circumstances as mentioned above, as petitioners are in-laws of the deceased, living separately coupled with the fact that charge-sheet has already been
Patna High Court CR. MISC. No.15816 of 2022(3) dt.31-08-2022 3/3 submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Ahiyapur P. S. Case No. 696 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T