Panalal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22540 of 2022 Arising Out of PS. Case No.-523 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== Panalal Sahni Son Of Late Hiraman Sahni R/O Village- Sekh Majhariya, P.S.- Majhauliya, District- West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Majhauliya P.S. Case No. 523 of 2021 registered for the offence under Section 304B/34 of the Indian Penal Code. As per allegation, the informant's grand daughter was not able to give birth to a child after the marriage due to which the petitioner and his family members were annoyed and subjected the victim to physical torture and finally they killed her by strangulation and hanged her body in order to give it a color of suicide.

The main submissions advanced by learned counsel for the petitioner are that the petitioner is the father-in-law of the deceased against him there is no specific allegation and admittedly the body of the deceased was found hanging and the petitioner has

Patna High Court CR. MISC. No.22540 of 2022(2) dt.21-07-2022 2/2 been living separately from the husband of the deceased at the time of her death. Further submission is that petitioner has been languishing in jail since 13.01.2022 and charge-sheet has been submitted against him and the husband of the deceased is in judicial custody.

Learned APP appearing for the State has opposed the bail prayer.

Heard both the sides and perused the FIR. The petitioner is stated to be the father-in-law of the deceased and against him there is no specific allegation in the FIR and the body of the deceased was found in hanging position and the petitioner has mainly taken the defence that the deceased committed suicide. In the light of these facts and taking into account other facts and circumstances of this case as well as petitioner's custody period, in my view a lenient approach can be taken in respect of petitioner's prayer. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in Connection with Majhauliya P.S. Case No. 523 of 2021. (Shailendra Singh, J) sangam/- U T