Subash Sahani @ Subhash Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47642 of 2024 Arising Out of PS. Case No.-602 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Subash Sahani @ Subhash Sahani Son of Vijay Sahani Resident of Village - Bahuwari, Police Station - Muffasil (Lakhaura), District - East Champaran at Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate.

For the Opposite Party/s :

Ms. Rita Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Muffasil (Lakhaura) P.S. Case No.602 of 2023 instituted under Sections 302, 304(B), 201 & 34 of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act.

3. As per the prosecution case, allegation against the petitioner is that due to non-fulfillment of demand of dowry, the niece of the informant has been killed by all the named accused persons including the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent has been falsely implicated in this case being the brother-in-law of the deceased. He further submits that there is general and omnibus allegation against the petitioner. Learned counsel submits that petitioner was residing separately

Patna High Court CR. MISC. No.47642 of 2024(2) dt.12-07-2024 2/2 from the deceased and her husband, having no concern with the family affairs of them. He further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation. Learned counsel submits that similarly situated co-accused persons have been granted bail by the Co-ordinate Bench of this Court vide order dated 14.03.2024 passed in Cr. Misc. No.12362 of 2024.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Muffasil (Lakhaura) P.S. Case No.602 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T