Jagdish Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24797 of 2023 Arising Out of PS. Case No.-466 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

JAGDISH SAHNI Son of Chandrika Sahni R/V- Kohbarwa, P.SGovindganj, Dist- East Champaran 2.

Kalawati Devi Wife of Jagdish Sahni R/V- Kohbarwa, P.S- Govindganj, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jainendra Kumar Pushkar For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

As per the prosecution case, the petitioners and other accused persons committed murder of the daughter of the informant due to non-fulfillment of dowry demand. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The petitioners are father-in-law and mother-in-law of the deceased. He submits that the husband of the deceased is in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3

Patna High Court CR. MISC. No.24797 of 2023(2) dt.07-07-2023 2/2 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as well as there is no specific overt act against the petitioner, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Gobindganj P.S. Case No.466 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

However, the learned Court below is directed to verify the fact that whether the husband of the deceased is in judicial custody or not, if the husband of the deceased is not in judicial custody then the bail bond of the petitioners shall not be accepted by the learned Court below.

(Anjani Kumar Sharan, J) anand/- U T