Rajesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23032 of 2019 Arising Out of PS. Case No.-35 Year-2017 Thana- GARRANDANGA District- Kishanganj ====================================================== RAJESH SAHANI, aged about 32 years, Son of Ganga Pd. Sahani @ Ganga Sahani Resident of Village-Dighibari P.S-Garbandanga, District-Kishanganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ram Prawesh Kumar, Advocate.

For the Opposite Party :

Mr.Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 01.01.2018 in a case for the offence registered under Sections 304(B)/34 of the IPC and after investigation charge sheet has been submitted under Sections 306, 498(A)/34 of the IPC and 3⁄4 of the D.P. Act and charge has been framed under Sections 306, 498(A)/34 of the IPC and 4 of the D.P. Act.

The prosecution story, in brief, is that the informant's daughter, namely, Arti Devi, was solemnized marriage with Rajesh Sahni (Petitioner) before seven years from lodging of this case. After marriage, Rajesh Sahni started demanding Motorcycle as dowry and due to this, he always took Mar-pit with the informant's daughter. On non-fulfilment of the same, on 30.12.2017 at night, his son-in-law Rajesh Sahni

Patna High Court CR. MISC. No.23032 of 2019(3) dt.24-04-2019 2/2 accompanied with Rakesh Sahni and accused Jagdish Sahni strangulated and killed his daughter Arti Devi and hanged out. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no substantive evidence to suggest the implication of the petitioner in the present case It is a case of suicide. The petitioner is not an abettor.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Kishanganj, in connection with Garbandanga P.S. Case No. 35 of 2017.

(Sudhir Singh, J) U.K./- U T