Balraj Sahni @ Balram Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43569 of 2024 Arising Out of PS. Case No.-73 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== Balraj Sahni @ Balram Sahni Son Of Bijli Sahni Village- Fardi Pipra, PoNonpur, Ps- Teghara, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Bhusan Poddar, Advocate For the State :
Mr. Bharat Bhushan, APP For the Informant :
Mr. Randhir Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-07-2024 Heard Mr. Braj Bhusan Poddar, learned counsel for the petitioner, Mr. Randhir Kumar, learned counsel for the informant and Mr. Bharat Bhushan, learned APP appearing on behalf of the State.
2. Petitioner seeks bail, who is in custody since 17.12.2023, in connection with Teghra P.S. Case No. 73 of 2023, F.I.R. dated 21.02.2023 registered for the offences punishable under Section 304(B) and 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that the petitioner along with his family members tortured and killed the daughter of the informant due to non-fulfillment of
Patna High Court CR. MISC. No.43569 of 2024(3) dt.18-07-2024 2/3 demand of dowry after marriage.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that he is husband of the deceased. He further submits that on the alleged date of occurrence, the petitioner was not present at the place of the occurrence and apart from that, from a bare perusal of the F.I.R, it appears that there is no specific allegation of assault, overt act or demand of dowry attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner, in fact, the deceased had committed suicide herself in absence of the petitioner.
5. Learned APP for the State and learned counsel for the informant, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner and it has come during investigation that the petitioner was participated in the crime in question and the medical report also supports the allegation as alleged in the F.I.R and the post-mortem report suggests that the cause of death was due to asphyxia.
6. Considering the aforesaid facts and as well as the
Patna High Court CR. MISC. No.43569 of 2024(3) dt.18-07-2024 3/3 fact that the petitioner is husband of the deceased, I am not inclined to enlarge the petitioner on bail in connection with Teghra P.S. Case No. 73 of 2023 pending in the Court of learned Additional Chief Judicial Magistrate, Teghra at Begusarai.
7. Prayer is refused.
(Rajesh Kumar Verma, J) vinayak/- U T