Sikendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25332 of 2022 Arising Out of PS. Case No.-58 Year-2021 Thana- NAURANGIA District- West Champaran ====================================================== 1.

SIKENDRA SAHANI S/o Late Maya Sahani Resident of VillageMadanpur, P.S.- Naurangia, District- West Champaran. 2.

Panelal Kumar S/o Sikendra Sahani Resident of Village- Madanpur, P.S.- Naurangia, District- West Champaran.

3.

Nagina Devi W/o Sikendra Sahani Resident of Village- Madanpur, P.S.- Naurangia, District- West Champaran.

4.

Shobha Devi Wife of Prem Sahani Resident of Village- Madanpur, P.S.- Naurangia, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-11-2022 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) and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that her daughter was married to Munna four years ago, after marriage the accused persons, including the petitioners started demanding a motorcycle, further on 04.09.2021, the

Patna High Court CR. MISC. No.25332 of 2022(2) dt.11-11-2022 2/3 informant came to know that accused persons, including the petitioners, had killed her daughter, thereafter he reached the place of occurrence and found the dead body of her daughter lying.

Learned counsel for the petitioners submits that petitioners has been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the informant saw the dead body of his daughter lying in the house of the petitioners which amply demonstrates that no effort was made to cremate her body, with a view to conceal the evident, it is next submitted that the husband of the deceased is in jail, as pleaded at Para-12 of the application, it is next submitted that petitioner no.1 is father-inlaw, petitioner no.2 is brother-in-law, petitioner no.3 is motherin-law and petitioner no.4 is sister-in-law, it is also submitted that the allegation of demand of dowry is general and omnibus in nature, it is next submitted that even informant is not an eyewitness to the occurrence, nor he disclosed in the FIR that as to how he came to know that it were the petitioners who were also involved in the occurrence.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Patna High Court CR. MISC. No.25332 of 2022(2) dt.11-11-2022 3/3 Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Naurangia P.S. Case No. 58 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T