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Patna High CourtCR. MISC./46844/2024allowed

Deepak Kumar @ Deepak Kumar Sahani v. The State Of Bihar

2024-07-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46844 of 2024 Arising Out of PS. Case No.-176 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== Deepak Kumar @ Deepak Kumar Sahani Son Of Mahendra Sahani VillageKauwahi,P.S.- Rajepur, Distt. - East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

It is a case of dowry death of informant's daughter due to non fulfillment of dowry demand of gold chain.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the

Patna High Court CR. MISC. No.46844 of 2024(2) dt.02-07-2024 2/3 present case. It is further submitted that petitioner is brother-in-law (Devar) of the deceased and he has no concern with the mess and business of the deceased as well as her husband. The ample responsibility to keep his wife with dignity and honor is upon her husband ie. co-accused Ramesh Sahani.

Moreover, the petitioner is languishing in judicial custody since 12.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused Mahendra Sahani has already been granted bail vide order dated 01.02.2024, passed in Cr. Misc. No. 75909 of 2023 by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the

Patna High Court CR. MISC. No.46844 of 2024(2) dt.02-07-2024 3/3 petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rajepur P.S. Case No. 176 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran. (Sunil Kumar Panwar, J) Nirajkrs/- U T