Manish Sahani @ Manish Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31783 of 2024 Arising Out of PS. Case No.-43 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Manish Sahani @ Manish Sahni Son of Ramchandra Sahani Resident of Village- Mananpur, Ward No.-9, P.S.- Runnisaidpur, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Runnisaidpur P.S. Case No. 43 of 2023 dated 25.01.2023 registered for the offences punishable under Sections 302, 304B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have killed the informant's daughter due to non-fulfillment of demand of motorcycle as dowry and threw the dead body of the deceased on railway track resulting in the severance of the head from the rest of the body.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner neither demanded any dowry nor tortured the informant's daughter. It is further submitted that the petitioner is

Patna High Court CR. MISC. No.31783 of 2024(2) dt.02-08-2024 2/2 the husband of the deceased and he has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner is the husband of the deceased who killed her on account of demand of dowry. As per the Postmortem report, the cause of death of the deceased was due to haemorrhage and shock leading to CR failure as a result of crash injury caused by hard and heavy running object.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. The petition is rejected and the petitioner is directed to surrender to the Court below within four weeks from the date of this order.

7. The application stands rejected.

(Chandra Prakash Singh, J) Gautam/- U T