Guddu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21120 of 2018 Arising Out of PS. Case No.-108 Year-2015 Thana- KAHAIYA District- Muzaffarpur ====================================================== Guddu Sahani, Son of Late Shiv Balak Sahni, resident of Village Sadhanpura, P.S.- Kathaiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Prasad Singh For the Opposite Party/s :

Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Kathaiya P.S. Case No.108 of 2015 registered under Sections 304(B), 34 of the Indian Penal Code. Allegation in brief is that petitioner's marriage was solemnized six years back and it is alleged that the petitioner killed his wife on account of non-fulfillment of dowry by introducing poison to her.

Learned counsel for the petitioner submits that marriage was solemnized six years back, there was no earlier complaint of torture and harassment, the petitioner's wife was suffering from illness and, therefore, she was admitted in the hospital, in the postmortem examination no ante-mortem

Patna High Court Cr.Misc. No.21120 of 2018(5) dt.10-07-2018 2/2 injuries were found, viscera also has not been sent to the Forensic Science Laboratories and the petitioner has been in custody for approximately last one year.

A report was also called for from the Director, Forensic Science Laboratory, Patna and Muzaffarpur and the report indicates that viscera was never received in those laboratories.

Having considered the aforesaid facts and circumstances, petitioner Guddu Sahani is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 9th Additional District & Sessions Judge, Muzaffarpur in connection with Kathaiya P.S. Case No.108 of 2015, giving rise to Sessions Trial No.74 of 2018. (Arun Kumar, J) S.KUMAR/- U T