Sikandar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29658 of 2017 Arising Out of PS.Case No. -234 Year- 2015 Thana -BARGANIA District- SITAMARHI ====================================================== Sikandar Sahni Son of Chunchun Sahni, Resident of Village-Piprarhi Sultan, Police Station Bairgania, District-Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 30.08.2016 in connection with Bairgania P.S. Case No. 234 of 2015 for offence punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that her daughter, Vinita Devi was married to the petitioner in the year 2015 and has been killed by the petitioner and his family members for non-fulfilment of demand of dowry and body disposed of.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.29658 of 2017 (3) dt.08-08-2017 2/3 petitioner that he is innocent, no such offence has been committed by him and the police in the supervision note has also stated that Vinita Devi consumed poison and while she was taken to hospital, she died and her body was cremated. He submits that charge-sheet has already been submitted, charges have been framed and there is no allegation of tampering with the prosecution witnesses by the petitioner However, learned APP for the State opposes the prayer for bail stating therein that the victim died within seven years of her marriage.

Be that as it may, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Sitamarhi in connection with Bairgania P.S. Case No. 234 of 2015, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below on each and every date and failure to appear on two consecutive dates

Patna High Court Cr.Misc. No.29658 of 2017 (3) dt.08-08-2017 3/3 without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T