Rajendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37899 of 2020 Arising Out of PS. Case No.-456 Year-2017 Thana- MOTIPUR District- Muzaffarpur ====================================================== Rajendra Sahni, S/o Late Bilokan Sahni, R/o village- Paharchak, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Motipur P.S. Case No.456 of 2017 for the offence punishable under Section 302/201/34 of the Indian Penal Code.

On 11.12.2017, the informant has lodged the case alleging that his daughter has been killed by the petitioner (husband) along with other in-laws.

Counsel for the petitioner submits that the case is not one of dowry death as the marriage of the victim was solemnized in the year 2006 long before seven years from the date of allegation. The informant has alleged that he received intimation regarding killing of his daughter much earlier, i.e.,on 08.12.2017. The police also after completing the investigation

Patna High Court CR. MISC. No.37899 of 2020(3) dt.23-02-2021 2/3 have submitted charge sheet under Sections 306 and 201 of the I.P.C. The petitioner is in custody since 24.02.2020 and realizing the mistaken accusation, informant has filed a petition seeking to compromise the allegations (Annexure 3 of the petition). Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, 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 the learned S.D.J.M. (West), Muzaffarpur, in connection with Motipur P.S. Case No.456 of 2017, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel

Patna High Court CR. MISC. No.37899 of 2020(3) dt.23-02-2021 3/3 would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T