Kamlesh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51251 of 2023 Arising Out of PS. Case No.-308 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== KAMLESH SAHNI SON OF RAMUGRAH SAHNI R/O-BHAGWANPUR, P.S.-PAKARIDAYAL, DISTT.-EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Prasad , Advocate For the Opposite Party/s :
Mr. Rina Sinha, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-08-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 120 (B), 201 asnd 304 (B) / 34 of I P C.
3. It is a case of dowry death and allegation against this petitioner is that he along with other co-accused persons committed murder of the daughter of informant due to nonfulfillment of dowry .
4. It is submitted that the petitioner has falsely been implicated in this case merely because he happens to be husband of the deceased. Informant is not an eye-witness of the case. Only on the basis of suspicion this complaint case has been lodged after the delay of six months for which there is no
Patna High Court CR. MISC. No.51251 of 2023(2) dt.18-08-2023 2/2 plausible explanation. As a matter of fact, the daughter of the informant died a natural death.
5. Learned counsel for the State vehemently opposed the prayer for bail and submits that this petitioner solemnized marriage with the daughter of the informant (deceased) on 18.06.2018, but after some time this petitioner along with other co-accused persons committed murder of the deceased for nonfulfillment of demand of dowry.
6. Considering the fact that the deceased died within seven years of marriage in unnatural circumstances at her matrimonial house and there is allegation of demand of dowry and petitioner is husband of deceased, prayer for pre-arrest bail of the petitioner is hereby rejected.
(Prabhat Kumar Singh, J) Kaushik/- U T