Sanjeet Sahani And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79593 of 2018 Arising Out of PS. Case No.-288 Year-2018 Thana- KESARIA District- East Champaran ======================================================
1. Sanjeet Sahani Son of Duli Sahani,
2. Duli Sahani son of Late Madho Sahani Both resident of Village- Gavandi Khotolwa, P.S. - Keshariya, Distt.- East Champaran at Motihari. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vibhakar Kumar For the Opposite Party/s :
Mr.Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the parties.
Petitioners seeks bail in Kesariya P.S. Case No. 288 of 2018 registered for the offence punishable under Sections 304 (B), 201 and 34 of the Indian Penal Code.
Informant who is the father of the deceased has stated that petitioners along with FIR named accused have killed his daughter due to non-fulfillment of demand of dowry and thereafter disposed of her dead body.
It has been submitted on behalf of the petitioners that petitioner no. 1 is Bhaisur and petitioner no. 2 is Father-in-Law and they are innocent and have been falsely implicated in this
Patna High Court Cr.Misc. No.79593 of 2018(3) dt.18-02-2019 2/3 case due to ulterior motive. Petitioners were living separately from the family of deceased and has no concern with the deceased and her husband. Petitioners have got no criminal antecedent and are in custody since 28.08.2018 and 08.09.2018 respectively.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-11th, Motihari, in connection with Kesariya P.S. Case No. 288 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.
(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.79593 of 2018(3) dt.18-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) ranjan/manojU T