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Patna High CourtCR. MISC./31014/2024allowed

Ashok Sahani v. The State Of Bihar

2024-07-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31014 of 2024 Arising Out of PS. Case No.-218 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Ashok Sahani Son Of Late Rajdeo Sahani Resident Of Village - Khairi Balhi, P.S. - Pipra, District - East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have committed murder of the informant's daughter due to non-fulfillment of dowry demand.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further

Patna High Court CR. MISC. No. 31014 of 2024(3) dt.12-07-2024 2/2 submitted that Section 304B is not applicable, because marriage was solemnized 12 years ago. It is also submitted that charges were framed against the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 31.12.2023.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Pipra P.S. Case No. 218 of 2023.

7. However, the petitioner is directed to co-operate in the trial. If the petitioner will not appear on two consecutive dates in trial, the learned Court below shall be at liberty to cancel the bail bond of the petitioner.

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