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Patna High CourtCR. MISC./38136/2023allowed

Dhrup Sahani v. The State Of Bihar

2023-07-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38136 of 2023 Arising Out of PS. Case No.-471 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== DHRUP SAHANI S/O LATE BANARASI SAHANI R/O Village- Bhataha PS. Muffasil Motihari Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable in Muffasil P.S. Case No. 471 of 2020 registered under sections 324, 328, 304(B)/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the sister of the informant due to non-fulfillment of Rs. One lac as dowry demand and ultimately she was being killed them. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is elder brother-in-law of the deceased and has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.38136 of 2023(2) dt.14-07-2023 2/2 never demanded any thing from the deceased. The sole responsibility to take care of wife is upon husband and not against his family members. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 22.3.2023 passed in Cr. Misc. No. 74669 of 2022. Petitioner is anguishing in judicial custody since 1.2.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran in connection with Muffasil P.S. Case No. 471 of 2020.

(Sunil Kumar Panwar, J) sushma/- U