Lalan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5717 of 2021 Arising Out of PS. Case No.-87 Year-2020 Thana- PATAHI District- East Champaran ====================================================== 1.

Lalan Sahani, S/O Mishrilal Sahani, Resident f Village-Parsauni Kapoor, P.S-Patahi, District-East Champaran.

2.

Ranju Devi @ Manju Devi, W/O Lalan Sahani, Resident of Village-Parsauni Kapoor, P.S-Patahi, District-East Champaran.

3.

Mishrilal Sahani, S/O Late Bhilotain Sahani, Resident of Village-Parsauni Kapoor, P.S-Patahi, District-East Champaran.

4.

Shailya Devi, W/O Mishrilal Sahani, Resident of Village-Parsauni Kapoor, P.S-Patahi, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Learned counsel for the petitioners seeks permission to withdraw this application, as petitioner no.3, namely, Mishrilal Sahani, has been arrested by the police. Permission is accorded.

Accordingly, this application is dismissed as withdrawn with respect to petitioner no.3.

Patna High Court CR. MISC. No.5717 of 2021(2) dt.02-09-2021 2/3 Heard learned counsel for the petitioner nos. 1, 2 and 4, namely, Lalan Sahani, Ranju Devi @ Manju Devi and Shailya Devi and the learned A.P.P. for the State through Video Conferencing.

The petitioner nos. 1, 2 and 4, namely, Lalan Sahani, Ranju Devi @ Manju Devi and Shailya Devi apprehend their arrest in connection with Patahi P.S. Case No. 87 of 2020 registered under Section 304(B)/34 of the Indian Penal Code. The accusation is of killing of Kajal Kumari, daughter of the informant, Rameshwar Sahani, by her husband and in-laws due to non-fulfillment of demand of dowry by hanging.

Learned counsel for the petitioner nos. 1, 2 and 4, namely, Lalan Sahani, Ranju Devi @ Manju Devi and Shailya Devi submits that petitioner nos. 1, 2 and 4 are, respectively, father-in-law, mother-in-law and grandmother-in-law of the deceased, daughter of the informant, in fact, due to quarrel in between deceased, Kajal Kumari and her husband Vivek Sahni, Kajal Kumari committed suicide but with ulterior motive, the present case has been lodged with false allegation implicating all the family members. Further submission is that Vivek Sahani, husband of the deceased, was taken into custody after

Patna High Court CR. MISC. No.5717 of 2021(2) dt.02-09-2021 3/3 lodging the present case and now he has been allowed privilege of bail by a Bench of this Court vide order dated 15.07.2021 passed in Criminal Misc. No. 6977 of 2021.

Having regard to the facts and circumstances of the case, let the petitioner nos. 1, 2 and 4, namely, Lalan Sahani, Ranju Devi @ Manju Devi and Shaila Devi, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Motihari, East Champaran, in connection with Patahi P.S. Case No. 87 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T