Santosh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23112 of 2020 Arising Out of PS. Case No.-414 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== SANTOSH SAHANI Son of Kapildeo Sahani Resident of Village- Moklispur, Dhangartola, P.S.- Turkauliya (Banjaria), District- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Anand Kishore Chaudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-11-2020 Heard Mr. Anil Kumar, learned counsel for the petitioner and Mr. Anand Kishore Choudhary, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Sessions Trial No. 34 of 2020 arising out of Turkauliya (Banjaria) P.S. Case No. 414 of 2019 registered for the offences punishable under Sections 304(B), 120(B) and 201/34 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that the daughter of the informant was married to the petitioner about three years back and after marriage petitioner along with his other family members started demanding dowry by way of

Patna High Court CR. MISC. No.23112 of 2020(4) dt.06-11-2020 2/3 Motorcycle and due to non-fulfillment of the same, she was being torutred. It has further been alleged that on 24.6.2019, the informant got information that petitioner along with his family members killed the daughter of the informant and disposed the dead body.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. The dead body of the deceased was recovered from a river after three days i.e. on 27.06.2019 and Doctor has opined that the death has taken place due to cardiac pulmonary failure within 24 hours.

On the other hand, learned counsel for the State submits that the petitioner is husband of the deceased and the deceased has died within three years of the marriage in suspicious condition and the Doctor has opined the cause of death due to cardiac pulmonary failure on account of burn injury leading to shock and death. Learned counsel further submits that mother-in-law of the deceased has disclosed that the deceased was killed and her dead body was thrown in the river. Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the death has taken place within three years of the marriage,

Patna High Court CR. MISC. No.23112 of 2020(4) dt.06-11-2020 3/3 I am not inclined to grant regular bail to the petitioner. The prayer for bail of the petitioner stands rejected. However, the petitioner may renew his prayer for bail after one year if the trial does not show any progress. (Anil Kumar Sinha, J) S.Ali/- U T