Patna High CourtCR. MISC./51810/2023bail rejected

Kamlesh Sahni v. The State Of Bihar

2023-09-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51810 of 2023 Arising Out of PS. Case No.-141 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== KAMLESH SAHNI Son of Thagan Sahni Resident of village - ward no. 08, Basantpur, P.S. - Riga, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Murli Dhar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2023 1 . Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 304 (B) and 34 of the Indian Penal Code .

3 . It is a case of dowry death .

4. It is submitted that petitioner happens to be husband of the deceased. It is next submitted that informant is not eye witness of the alleged occurrence . Petitioner has never demanded any dowry. There is one day delay in lodging the FIR., as a matter of fact petitioner was not present at the time of occurrence . Father-in-law of the deceased has already been acquitted and mother-in-law of the deceased has granted bail. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.51810 of 2023(3) dt.05-09-2023 2/2 5 . However, learned counsel for the State opposes the bail petition and submits that this petitioner is the husband of the deceased and there is direct allegation of demand of dowry against him and due to non-fulfillment of demand of dowry, he committed the murder of her wife (deceased).

6. Considering the fact that petitioner is husband of the deceased and due to non-fulfillment of demand of dowry, he committed the murder of the deceased and circumstances of the case, prayr for pre-arrest bail of the petitioner is herby rejected. (Prabhat Kumar Singh, J) Kaushik/- U T