Sujit Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44061 of 2021 Arising Out of PS. Case No.-288 Year-2018 Thana- KESARIA District- East Champaran ====================================================== SUJIT SAHANI Son of Duli Sahani Village- Gavandi Khatolwa, P.S.- Deshariya, Dist- East Champaran at Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 304(B) and 201/34 of the Indian Penal Code, registered in connection with Keshariya P.S.Case No. 288 of 2018.

It is a case of dowry death. As per allegation, the accused persons, including the petitioner, committed dowry death of the daughter of the informant.

The learned counsel for the petitioner has submitted that the entire allegation is false. The husband of the deceased Ranjeet Sahni and co-accused Duli Sahni and Sanjeet Sahni were put on trial and after evidence of five witnesses, they were acquitted, vide judgment and order dated 27.11.2019, passed by

Patna High Court CR. MISC. No.44061 of 2021(5) dt.28-06-2022 2/2 the 3rd Additional Sessions Judge, East Champaran, Motihari. All the five witnesses, including the informant, did not support the prosecution case.

Considering the above facts and circumstances, especially the fact that the husband of the deceased along with other co-accused persons have been acquitted, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional District and Sessions Judge, East Champaran, Motihari in connection with Keshariya P.S.Case No. 288 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T