Arjun Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35025 of 2024 Arising Out of PS. Case No.-303 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== Arjun Sahani S/o Ramugrah Sahani R/o vill - Ejara, P.S. - Sangrampur, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the State :

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-07-2024 Heard Mr. Sarvesh Kashyap, learned counsel for the petitioner and Dr. Mrityunjaya Kr. Gautam, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 25.08.2023, in connection with Sangrampur P.S. Case No. 303 of 2023, FIR dated 21.08.2023 for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

3. As per the prosecution case, on non-fulfillment of the demand of dowry, the daughter of the informant was said to have been killed by her husband and in laws.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the

Patna High Court CR. MISC. No.35025 of 2024(3) dt.18-07-2024 2/2 petitioner is husband of the deceased. He further submits that the allegation as alleged is false and fabricated and the petitioner has not committed any offence as alleged in the FIR in fact the deceased has fallen from the roof top due to rain and when the deceased took proceed for treatment towards the hospital she had died during the mid away. The petitioner is rotting in judicial custody since 25.08.2023.

5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the allegation as alleged in the FIR is supported by the medical evidence apart from that number of witnesses supported the case of the prosecution and the post-mortem report suggests that the cause of death was intracranial haemorrhage.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Sangrampur P.S. Case No. 303 of 2023 pending in the Court of learned Chief Judicial Magistrae, East Champaran at Motihari.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T