Dhananjay Sah @ Dhananjay Leheri @ Dhannanjay Laheri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25553 of 2020 Arising Out of PS. Case No.-330 Year-2017 Thana- GHORASAHAN District- East Champaran ====================================================== DHANANJAY SAH @ DHANANJAY LEHERI @ DHANANJAY LAHERI S/o Ramgulam Sah Laheri Resident of Village-Bishunpur Laheri Tola, P.S.- Jharokhar, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Most. Gita Devi W/o Late Jagdish Sah Resident of Village-Aawapur, P.S.- Pupri, District-Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-10-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition is by way of second attempt for grant of bail at the behest of the petitioner in connection with Ghorasahan (Jharokhar) PS case no. 330 of 2017 instituted for the offence punishable under Section 304B/34 of Indian Penal Code and lateron Sections 498A, 364, 365, 120(B) of Indian Penal Code have been added, inasmuch as the earlier prayer of the petitioner for grant of bail was rejected by a co-ordinate

Patna High Court CR. MISC. No.25553 of 2020(2) dt.01-10-2020 2/3 Bench of this Court vide order dated 09.08.2019, passed in Cr. Misc. no. 35346 of 2019.

The brief facts of the case, as mentioned in the written report is that the daughter of the informant was married with the petitioner in the year 2015. She had remained peacefully in her sasural for one year and thereafter, it is alleged that the daughter of the informant was killed by the petitioner and his family members for performing second marriage of the petitioner and when the informant came to know about it on 27.06.2017, she came to the sasural of her daughter where she could not find her daughter and on query, co-accused Ram Gulam and other family members abused and told her to go away from there. The informant has raised suspicion that the petitioner along with his family members have killed her daughter and thrown her dead body.

The learned counsel for the petitioner has submitted that the petitioner is the husband of victim lady i.e. the wife of the petitioner, who is still traceless but nonetheless, he has got no complicity in the matter and is rotting in jail since 01.04.2019, hence this Court may take a liberal view and admit the petitioner to the privilege of bail.

I have heard the learned counsel for the parties and

Patna High Court CR. MISC. No.25553 of 2020(2) dt.01-10-2020 3/3 perused the materials on record, from which it is clear that the complicity of the petitioner is writ large as is apparent from the records and the police has also submitted charge-sheet against the petitioner and other family members, whereafter charges have been framed and trial is going on. This Court further finds that there is no change in the circumstance, from the time, the prayer of the petitioner for grant of bail was rejected earlier, till date, so as to warrant re-consideration of the prayer of the petitioner for grant of bail, hence I do not find any merit in the present petition, thus the same stands dismissed. (Mohit Kumar Shah, J) rinkee/- U T