Ranjan Sahni @ Ranjan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28984 of 2020 Arising Out of PS. Case No.-66 Year-2019 Thana- DUMARIAGHAT District- East Champaran ====================================================== RANJAN SAHNI @ RANJAN SAHANI S/o Late Sukhadi Sahani @ Sukhari Resident of Village- Puraina, P.O.-Sarottar, P.S.-Dumaria ghat, District-East Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pravin Kumar, Adv.
For the Opposite Party/s :
Mr. Permeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.
Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.
Mr. Permeshwar Mehta, learned APP, is appearing as it is submitted that the brief has been allotted to him by the office of Advocate General. His name may also be printed in the cause list.
Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court CR. MISC. No.28984 of 2020(4) dt.14-12-2020 2/3 Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.
The petitioner seeks bail in Dumaria Ghat P.S. Case no. 66 of 2019, instituted for the offence under Sections 304B/201/ 34 of the I.P.C.
The informant has learnt that his daughter died due to strangulation by her in-laws. The petitioner happens to be the husband.The allegation is that she has been done to death for non-fulfillment of demand for dowry.
The counsel for the petitioner submits that actually, it is a case of suicide as the petitioner and his wife living in penury and separately from other family members. In fact, the petitioner was not at home at the time of occurrence. Charge sheet has been submitted in the instant case and petitioner is in custody since 20.04.2019.
The learned APP has opposed the prayer for bail by submitting that unnatural death in the matrimonial home viewed with the allegation in the background made in the F.I.R. gives rise to presumption against the petitioner. The postmortem report also corroborates the allegation inasmuch as ligature
Patna High Court CR. MISC. No.28984 of 2020(4) dt.14-12-2020 3/3 marks have been found on the neck of the victim. The petitioner is husband and fully responsible.
Considering the rival submissions, this Court, for the present, is not inclined to allow the petitioner's prayer for bail. Prayer for bail is rejected.
(Madhuresh Prasad, J) shyambihari/- U