Sunil Sahani v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.1590 of 2017 (2) dt.18-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1590 of 2017 Arising Out of PS.Case No. -104 Year- 2015 Thana -RAGHUNATHPUR District- SIWAN ====================================================== Sunil Sahani, son of Bali Ram Sahani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bijauli Sahani.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Raghunathpur P.S. Case No. 104 of 2015 registered under Sections 304B and 201/34 of the Indian Penal Code. The accusation is of killing of sister of informant by her husband and in-laws due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the marriage of petitioner was performed with the deceased, sister of informant, in 2009 and out of wedlock, two children were born. It is further submitted that, in fact, deceased, wife of the petitioner, sustained burn injury in course of cooking of meal and she was rushed to Referal Hospital,

Patna High Court Cr.Misc. No.1590 of 2017 (2) dt.18-01-2017 Raghunathpur, from where, she was referred to P.M.C.H., Patna, where she died on 16.06.2015. Thereafter, statement of the petitioner was also recorded at Pirbahore Police Station on 17.06.2016 and after postmortem the dead body was handed over to the petitioner. While the information was given to the informant about incident and death but he did not come. It is further submitted that petitioner is in custody since 25.10.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Raghunathpur P.S. Case No. 104 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T