Nilesh Kumar Sahni @ Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36635 of 2024 Arising Out of PS. Case No.-156 Year-2021 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Nilesh Kumar Sahni @ Nilesh Kumar S/o Mahesh Sahni R/o vill - Ghosaut, P.s. - Siwaipatti, Distt. - Muzaffarpur, ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Y.C. Verma, Advocate Mr.Dr. Bipin Chandra, Advocate For the state :

Mr.Parmanand Kumar, A.P.P.

For opposite party no.2 Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2024 Heard learned counsel for the petitioner, the State and opposite party no.2.

2. Petitioner seeks regular bail in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

3. It is a case of dowry death. Petitioner was married with daughter of informant on 19.5.2019. Later on, petitioner and his family members started subjecting her to torture and harassment for non-fulfilment of demand of dowry and on 29/30.11.2021 she was killed by the accused persons by strangulation.

4. Learned counsel appearing for the petitioner, while denying the allegation, submits that the petitioner has falsely been implicated in this case because petitioner is husband of of the deceased. Petitioner had a daughter from the wedlock. As a matter of fact, daughter of informant was mentally unfit and she had irresistible impulse to commit suicide and on the relevant time when she committed suicide, petitioner was

Patna High Court CR. MISC. No.36635 of 2024(2) dt.22-08-2024 2/2 staying in different station to earn the livelihood. Petitioner is in custody since 28.11.2023.

5. Learned counsel for the State and opposite party no.2 oppose the prayer for bail. Learned counsel for opposite party no.2 submits that petitioner is the husband of the deceased and there is direct and specific allegation that he and his family members killed the deceased for non-fulfilment of dowry demand.

6. Considering the nature of accusation and the fact that the petitioner is husband of the deceased, who died in unnatural condition within seven years of marriage in her inlaws house, prayer for regular bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T