Sandeep Sahani @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54705 of 2023 Arising Out of PS. Case No.-350 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== Sandeep Sahani @ Sandeep Kumar, Son of Arjun Sahani, Resident of Village -Madhubani, P.S.- Sangrampur, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Prasad, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Sangrampur P.S. Case No. 350 of 2022 dated 21.10.2022 registered for the offences punishable under Sections 304(B), 302 and 120(B)/34 of the Indian Penal Code.

3. As per the prosecution story, the informant alleged that this petitioner along with four other co-accused persons used to assault his daughter on account of non-fulfillment of dowry demand and later on, the dead body of his daughter was found in a sack in the house of this petitioner.

4. The main submissions advanced by learned counsel for the petitioner are that the allegation against the

Patna High Court CR. MISC. No.54705 of 2023(2) dt.30-08-2023 2/3 petitioner is general and omnibus but the real fact is that the victim (deceased) solemnized marriage with this petitioner on account of having love affair with him without the consent of her father and her family members, owing to which her family members started torturing her and in mental pressure, the victim herself committed suicide in her maikey and later on, the informant's family member kept the dead body of the victim in the petitioner's house in the dark of night and the petitioner had no knowledge of this occurrence and the allegation of demand of dowry of Rs. 5 lakh made in the FIR, is not believable as the petitioner belongs to labour class and the informant lodged the FIR with false allegation and at the time of the alleged occurrence, the petitioner and his family members were outside of the State to earn for their livelihood. It is further submitted that the petitioner has fair and clean antecedent and has been languishing in jail since 19.06.2023.

5. Learned APP appearing for the State has opposed the bail prayer.

6. Heard both the sides and perused the FIR and order impugned. The petitioner is stated to be husband of the deceased, his marriage with the victim took place just one and half year ago and it has been alleged in the FIR that the

Patna High Court CR. MISC. No.54705 of 2023(2) dt.30-08-2023 3/3 petitioner and co-accused persons used to torture the victim for the demand of Rs. 5 lakh and a motorcycle and the victim's dead body was found in a sack in the house of the petitioner, considering the seriousness of the allegation appearing against the petitioner, this Court is not inclined to accept the bail prayer of the petitioner. Accordingly, his bail prayer stands rejected. (Shailendra Singh, J) annu/- U T