Lal Babu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38596 of 2023 Arising Out of PS. Case No.-151 Year-2021 Thana- HATHAURI District- Muzaffarpur ====================================================== Lal Babu Sahani, Son of Late Sita Ram Sahani, Resident of Village - Dakarama, Ward No.- 5, P.S.- Hathauri, District - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The accused/petitioner seeks bail in connection with Hathauri P.S. Case No.151 of 2021 registered for the offence punishable under Section 304-B read with 34 of the Indian Penal Code.

3.

The accused/petitioner is named in the FIR and is in custody since 28.03.2023.

4.

Allegation against the petitioner is to cause death of daughter of informant along with other co-accused persons/ family members due to non-fulfilment of demand of dowry as raised for one motorcycle.

5.

It is submitted by learned counsel that the petitioner has been implicated with present case only for the

Patna High Court CR. MISC. No.38596 of 2023(2) dt.19-07-2023 2/3 reason that he is the father of the husband of deceased, living separately having no connection with their daily and domestic affairs. It is submitted that the allegation of demand of dowry as raised through present FIR is also not appearing specific against this petitioner rather same is appearing very much general and omnibus and having no occasion to raise such demand as he is living separately. While concluding argument, it is submitted that the petitioner is a man of clean antecedent and moreover investigation of this case is completed for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6.

Learned APP opposes the prayer for grant of bail to the petitioner.

7.

In view of above-mentioned facts and circumstances, as petitioner is father-in-law of the deceased, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 28.03.2023, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, East Muzaffarpur/Successor Court in connection with Hathauri P.S.

Patna High Court CR. MISC. No.38596 of 2023(2) dt.19-07-2023 3/3 Case No.151 of 2021, subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T