Ram Karan Sahni @ Karan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59126 of 2024 Arising Out of PS. Case No.-562 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Ram Karan Sahni @ Karan Sahni son of Asharfi Sahni resident of VillagePatnuka PS- Nanpur Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Y.Madhuri Mr. Surendra Kishore Thakur, Advocates For the State :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Nanpur P. S. Case No.562 of 2023 dated 11-11-2023, instituted for the offence punishable under Section 304B/34 of the Indian Penal Code.
3.The prosecution case in short is that the marriage of the daughter of informant was solemnized with the son of the petitioner on 26.05.2023 as per Hindu rites and rituals and thereafter she was being subjected to cruelty by the petitioner and other co-accused persons due to non- fulfillment of demand of motor-cycle and refrigerator in dowry. On 10.11.2023, the daughter of the informant had informed her that the accused persons are planning for her murder. On getting this information, the informant with some people went to her
2/4 'sasural' where she learnt that the accused persons have committed murder of her daughter.
4. Learned counsel for the petitioner submits that the petitioner is the father-in-law of the deceased and he has been falsely implicated in this case. It is further submitted that after solemnization of marriage on 26-05-2023 the deceased was brought to her matrimonial house. It is next submitted that deceased stayed in her matrimonial house for about 10 days and thereafter returned to her parental house and remained there. It is submitted that only prior to five days of the alleged occurrence the deceased has come to her matrimonial house. It is next submitted that the deceased was having some illicit relation with a boy of her village for which a 'Panchayati' was also held and thereafter on the pressure of the Panchayat, she was sent to the matrimonial house where she committed suicide.
It is next submitted that bare perusal of the postmortem report, which is annexed at Flag- 'B' to the petition, it would appear that there is no external injury on the body of the deceased. The cause of death was mentioned due to asphyxia leading to CR failure as a result of hanging. It is submitted that a ligature mark was found on the neck of the deceased which only happens in case of hanging.
3/4 alleged occurrence Vijay Sahni, who happens to be the brotherin-law (Bahnoi) of the deceased, has come to the matrimonial house of the deceased and stayed for one night and on the same day, she committed suicide. It is submitted that the brother-inlaw, namely, Vijay Sahni, who was present there, opened the door got down the deceased from the ceiling and thereafter informed the police, but when the police arrived he fled away. It is also submitted that the police has not investigated the matter and only on the basis of the statement of the informant, the FIR has been lodged. The statement of Vijay Sahni (Bahnoi) has not been recorded by the police despite of the fact that the villager informed this fact. The petitioner has no criminal antecedents.
5. Learned A. P. P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Nanpur P.S. Case No. 562 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M.,Purpri, Sitamarhi, subject to condition as laid down
4/4 under Section 438(2) of the Cr.P.C.
7.The application stands allowed.
(Khatim Reza, J) shyambihari/- U T