Vidyanand Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35006 of 2020 Arising Out of PS. Case No.-435 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

VIDYANAND SAHANI Son of Late Pyare Sahni Resident of VillageKoergawa, P.S.- Adapur, District- East Champaran. 2.

Lalmuni Devi W/o Vidyanand Sahani Resident of Village- Koergawa, P.S.- Adapur, District- East Champaran.

3.

Kalika Devi @ Lalita Devi W/o Vidyanand Sahani Resident of VillageKoergawa, P.S.- Adapur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr. S. M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2021 Heard both sides.

The petitioners apprehend their arrest in Ghorasahan (Jitna) PS case No. 435/2019 registered under Section 304B/34 of the IPC.

Rajmati Devi, the informant, mother of the deceased alleged that her daughter was married to Sanjeev Sahni in the year 2018 but soon thereafter the accused persons began to demand additional dowry and when the demand was not fulfilled they killed her daughter.

The learned counsel for the petitioners submits that the informant made specific allegation against her son-in-law,

Patna High Court CR. MISC. No.35006 of 2020(3) dt.03-05-2021 2/3 husband of the deceased, that he demanded motor cycle. The informant did not make any sorts of allegation against the petitioners. The petitioners are father-in-law and mothers-in-law of the deceased. Only one injury, that is, ligature mark on account of hanging, was found around the neck of the deceased. The petitioners never tortured or subjected the deceased to any sorts of physical or mental torture.

The learned APP however opposed the prayer for anticipatory bail but submits that the informant made specific allegation against the husband of the deceased and not against any other members of the family.

Taking into consideration the facts aforesaid and the nature of allegation made against the petitioners and the fact that the informant herself alleged that her son-in-law after some time of marriage demanded motor cycle and when the demand was not fulfilled he subjected his wife to physical and mental torture, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub divisional

Patna High Court CR. MISC. No.35006 of 2020(3) dt.03-05-2021 3/3 Judicial Magistrate, Sikrahana, Dhaka, East Champaran in connection with Ghorasahan (Jitna) P.S. case No. 435/2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T