Mohan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50823 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- SANGRAMPUR District- East Champaran ====================================================== MOHAN SAHANI S/o Singhashan Sahain R/o village- Bariyariya, P.S.- Sangram Pur, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-01-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Sangrampur P.S. Case No. 18 of 2021 registered for the offence punishable under Sections 304B/201/34 of the Indian Penal Code. According to F.I.R., allegation is of commission of murder of the daughter of the informant for non-fulfillment of dowry demand in her matrimonial house after 1 and half years of marriage.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.50823 of 2021(2) dt.03-01-2022 2/3 petitioner has clean antecedent and has falsely been implicated in the present case. Learned counsel further submits that the petitioner is cousin brother of the husband of the deceased. He further submits that it appears from the F.I.R. itself that there is general and omnibus allegation against all the accused persons including the petitioner. Petitioner is in custody since 29.01.2021.

The learned Additional Public Prosecutor for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned CJM, Motihari, East Champaran in connection with Sangrampur P.S. Case No. 18 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.50823 of 2021(2) dt.03-01-2022 3/3 for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mantreshwar/- U T