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Patna High CourtCR. MISC./29325/2016bail granted

Ram Naresh Sahni @ Naresh Sahni And ANR v. The State Of Bihar

2016-09-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29325 of 2016 Arising Out of PS.Case No. -172 Year- 2013 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ======================================================

1. Ram Naresh Sahni @ Naresh Sahni, son of Late Maheshwar Sahni

2. Jitendra Sahni, son of Ram Naresh Sahni @ Naresh Sahni, Both are resident of Village - Chakhabib, P.S. - Bibhutipur, District - Samastipur.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Abhay Shankar Singh, Advocate.

For the Opposite Party : Mr. Ahmad Ali, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-09-2016 Heard both sides.

The petitioners apprehend their arrest in Mohiuddinnagar P.S. Case No. 172 of 2013 registered for the offences punishable under Sections 304B, 120B and 201 of the Indian Penal Code.

The father of deceased filed Complaint Case No.1809 of 2012 on the basis of which present FIR was registered against the petitioners. The informant alleged that he married his daughter Abha Kumari with Suraj Sahni on 23.06.2010 but her husband and other in-laws were demanding dowry and torturing her. The daughter of the informant was died on 17.09.2012. The informant alleged that the accused persons killed his daughter and disposed of her dead body.

Patna High Court Cr.Misc. No.29325 of 2016 (3) dt.28-09-2016 2/2 Learned counsel for the petitioners submits that the petitioners are father-in-law and younger brother-in-law of the deceased. The informant did not make any specific allegation of demand of dowry and torture against the petitioners. Even during course of investigation, witnesses have disclosed that the deceased died due to illness.

Considering the facts aforesaid and the facts that the petitioners are father-in-law and younger brother-in-law of the deceased, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to 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 the Chief Judicial Magistrate, Samastipur in Mohiuddinnagar P.S. Case No. 172 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T