Raj Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54790 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- GORAUL District- Vaishali ====================================================== RAJ KUMAR SAHNI SON OF RAM BARAN SAHNI RESIDENT OF VILLAGE- DAUD RASULPUR, PS- GORAUL, DIST- VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is in judicial custody in connection with Goraul (Kathara O.P.) P.S. Case No. 52 of 2023 registered under Sections 304(B), 120(B) and 201/34 of the Indian Penal Code lodged on 12.02.2023 by the informant, Pratima Devi. As per the prosecution story, the informant's son was married to the petitioner's son Santosh Sahni but was regularly tortured for dowry. The allegation is that on the fateful day, they killed the victim lady and disposed of the dead body. Accordingly, the FIR.
It is the case of the petitioner that he is the father-inlaw and living separately. Actually the unfortunate suicide took place, the informant were informed but as an afterthought, this
Patna High Court CR. MISC. No.54790 of 2023(2) dt.28-08-2023 2/3 FIR. The further submission is that the occurrence took place on 31.12.2022 whereas the FIR was lodged on 01.02.2023. In any case, he is the father-in-law.
Learned APP opposes the prayer for bail stating that the allegation is against all the accused persons. Considering the submissions put forward by the learned counsel for the petitioner, he is in custody since 25.06.2023, (as stated in paragraph-15 of the petition), do not have criminal antecedent and will be facing the trial. 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 ACJM-I, Vaishali at Hajipur in connection with Goraul (Kathara O.P.) P.S. Case No. 52 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 in no way try to induce or
Patna High Court CR. MISC. No.54790 of 2023(2) dt.28-08-2023 3/3 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;
(iv) 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 T