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Patna High CourtCR. MISC./41319/2023rejected

Sunil Kumar Sahni @ Sunil Sahni v. The State Of Bihar

2023-08-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41319 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- BELA District- Sitamarhi ====================================================== SUNIL KUMAR SAHNI @ SUNIL SAHNI Son of Ramprit Sahni Resident of village-Purandaha Rajwada, P.S.-Sonbarsa, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 364(A), 34, 120(B) of the Indian Penal Codewhereas cognizance has taken u/s 364(A), 302, 120(B), 201/34 of the IPC.

3. As per allegation in the FIR, due to non-fulfillment of dowry demand, accused persons have committed murder of the informant's son and with a view to wipe off the evidence, concealed his dead body.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is no direct evidence against the petitioner. Save and except confessional statement of accused Ajay Kumar Baitha, nothing

Patna High Court CR. MISC. No.41319 of 2023(3) dt.22-08-2023 2/2 has come against the petitioner to show his complicity in the present case. Petitioner has got no criminal antecedent and languishing in judicial custody since 23.01.2023.

5. The application for bail is opposed by learned APP for the State and submitted that there is strong circumstantial evidence against the petitioner and chargesheet has submitted against him.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial court is directed to expedite and conclude the trial at the earliest.

(Sunil Kumar Panwar, J) sushma/- U