Harimohan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35248 of 2023 Arising Out of PS. Case No.-51 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== 1.
Harimohan Sahni S/o- LATE SHARNAGAT SAHNI Village- Gavsara, P.S. Kajra, District- Muzaffarpur 2.
Sahodari Devi w/o Hari Mohan Sahni Village- Gavsara, P.S. Kajra, DistrictMuzaffarpur 3.
Khushboo Devi w/o- Ranjeet Sahni Village- Gausara, P.S. Paroo, DistrictMuzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate.
For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-07-2023 Heard Mr. Alok Kumar Alok, learned counsel for the petitioners and learned APP for the State.
2. The Petitioner nos.1 and 2 happens to be father-inlaw and mother-in-law of the deceased respectively, whereas petitioner no.3 is sister-in-law of the deceased are apprehending their arrest in connection with Kajra P.S. Case No.51 of 2020, registered for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code.
3. Allegedly, marriage of the daughter of the informant was solemnized with the son of the petitioner nos.1 and 2 in the year 2017, however, soon after the marriage she
Patna High Court CR. MISC. No.35248 of 2023(3) dt.25-07-2023 2/3 was subjected to demand of dowry and on non-fulfillment of the same she was done to death.
4. Learned counsel appearing on behalf of the petitioners submits that after the solemnization of the marriage they have separated from the family and started living separately. He next submits that considering the aforesaid facts the police after investigation submitted final report showing them innocent and they have not been sent up for trial, however, differing with the final report the learned Trial Court has taken cognizance, of the offence as alleged in the FIR, hence the present application. He lastly submits that the petitioners give undertaking that they will fully co-operate in the trial and will not indulge in tempering of evidence and intimidating the witnesses.
5. On the other hand learned APP for the State vehemently opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that petitioners are parents in-law and married sister-in-law respectively and they are residing separately, apart from the fact that the husband of the deceased is behind the bar, let the above named petitioners, be released on bail, in the event of their arrest or surrender
Patna High Court CR. MISC. No.35248 of 2023(3) dt.25-07-2023 3/3 before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-I- Class, Muzaffarpur (West) in connection with Kajra P.S. Case No.51 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) Manoj/- U T