Naresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49822 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== NARESH SAHNI S/O LATE DHORAI SAHNI R/O VILLAGEFURSATPUR, PS. MUFFASIL MOTIHARI, DIST. EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-08-2023 Heard learned counsel for the petitioner, Informant and learned APP for the State.

The petitioner is in judicial custody in connection with Muffasil P.S. Case No. 275 of 2023 registered under Sections 498A, 307 and 504/34 of the Indian Penal Code lodged on 09.04.2023 by the informant, Lal Babu Sahni. As per the prosecution story, the lady married with one Ranjan Kumar in 2022 but was tortured for dowry and on 08.04.2023, information came about her death. Accordingly, the FIR.

It is the case of the petitioner that he is father-in-law , aged persons, living separately, nothing to do with the problem of the couple and the husband is in custody (as stated in

Patna High Court CR. MISC. No.49822 of 2023(2) dt.18-08-2023 2/3 paragraph-9 of the petition).

Learned counsel for the informant submits that all of them participated in the crime and he as such opposes the prayer for bail.

Taking into account the fact that he is an aged person, husband is in custody and the petitioner is in custody since 10.04.2023 (as stated in paragraph-17 of the petition), this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari East Champaran in connection with Muffasil P.S. Case No. 275 of 2023, subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.49822 of 2023(2) dt.18-08-2023 3/3 police station every moth next one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U