Chhotelal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 39276 of 2020 Arising Out of PS. Case No.-86 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== CHHOTELAL SAHNI SON OF SUKAN SAHNI RESIDENT OF VILLAGE- BASMAN BHAWANIPUR, POLICE STATION- MUFFASIL, MOTIHARI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Anil Kumar, Advocate For the Opposite Party/s :

Mr Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Motihari Mufassil Police Station (for brevity PS) Case No 86 of 2020 instituted for the offence punishable under Sections 304B, 201/34 of Indian Penal Code.

Prosecution case is of killing of the informant's sister by the in-laws for non-fulfillment of demand of motorcycle, buffalo and Rs 50,000/-.

Petitioner's counsel submits that it is a case of false implication. Annexure 2 is the birth certificate showing the birth of the petitioner's eldest son on 23.11.2014. It is further

Patna High Court CR. MISC. No.39276 of 2020(3) dt.02-03-2021 2/2 submitted that subsequently, the informant has filed a petition (Annexure 3) in the Court below placing on record the compromise. The petitioner, by now, has been in custody since 25.06.2020.

Learned APP for the State has opposed the prayer for bail. Referring to the post mortem report and inquest report, it is submitted that various injuries have been found on the body of the victim. She has been done to death, as per the case diary, within seven years of the marriage. The petitioner, being husband, cannot escape his liability.

Having regard to the submissions advanced by the parties, this Court, for the present, is not inclined to grant bail to the petitioner. Prayer is rejected.

(Madhuresh Prasad, J) M.E.H./- U T