Amit Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50509 of 2021 Arising Out of PS. Case No.-219 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== AMIT SAHNI S/o FULEN SAHNI R/o VILLAGE-SONBARSAGHAT, P.S.- CHAUTHAM, DISTRICT-KHAGARIA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2022 Heard both sides.

Petitioner seeks regular bail in connection with Chautham PS Case No. 219 of 2019 registered under Sections 304 (B) / 34 of the IPC.

The allegation against the petitioner is that within three years of marriage he killed his wife by means of knife due to non fulfillment of demand of dowry.

Learned counsel for the petitioner submits that from perusal of the FIR it would be evident that on the exhortation of the co-accused / Bijo Kumar Sahni the petitioner gave knife blow near the neck of his wife on 15-09-2019 and she died on 20/09/2019 due to injuries sustained by her. Accordingly, submission is that petitioner assaulted his wife in fit of rage due to some scuffle which took place between them and it is

Patna High Court CR. MISC. No.50509 of 2021(3) dt.10-05-2022 2/2 not a case of dowry death.

On the other hand, learned counsel for the State referring to the case diary submits that there is direct allegation against the petitioner and his family members that within seven years of marriage they started demanding dowry of Rs. 1 Lakh and due to non- fulfillment of demand the petitioner gave knife blow on the vital part of the body of the deceased due to which she died. There is direct allegation against the petitioner in the FIR and during course of investigation prima facie evidence has come against him connecting him with the present offence. Regard being had to the submissions made by the parties, taking into consideration the nature of allegation, the fact that there is prima facie evidence against the petitioner that he stabbed his wife, as such, I am not inclined to grant regular bail to the petitioner.

The prayer for grant of regular bail is rejected. However, the petitioner may renew his prayer for bail after one year from today if the trial does not show any progress.

praful/- (Anil Kumar Sinha, J) U T