Sonalal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44069 of 2023 Arising Out of PS. Case No.-481 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== Sonalal Sahani Son Of Late Basdeo Sahni Village Sombarsha Marwari, PsHarsidhi District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B, 201/34 of the Indian Penal Code.

The prosecution case, in brief, is that the petitioner along with his family members used to torture and assault the informant's sister due to non-fulfillment of dowry demand of Rs. five lacs. Thereafter, on 25.9.2022 the informant came to know that her sister was killed by the accused persons due to alleged demand of dowry.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is father-in-law of the deceased due to which he has

Patna High Court CR. MISC. No.44069 of 2023(2) dt.21-07-2023 2/2 falsely been implicated in the present case. The petitioner has no concern mess and business of the deceased as well as her husband and lives separately from them. From perusal of FIR, no specific overt-act is attributed against the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 7.2.2023. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Harsidhi P.S. Case No. 481 of 2022 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, East Champaran at Motihari. (Sunil Kumar Panwar, J) lata/- U T