Nathuni Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61215 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.
NATHUNI SAHANI son of Late Manai Shani Village- Vijaypur PsKuchaikote Dist- Gopalganj 2.
Ravi Kumar son of Nathuni Sahani Village- Vijaypur Ps- Kuchaikote DistGopalganj 3.
Tuntun Kumar son of Nathuni Sahani Village- Vijaypur Ps- Kuchaikote Dist- Gopalganj 4.
Savitri Devi wife of Nathuni Sahani Village- Vijaypur Ps- Kuchaikote DistGopalganj 5.
Bhagmani Devi D/o- Nathuni Sahani Village- Vijaypur Ps- Kuchaikote DistGopalganj 6.
Munna Sahani @ Kunal SAhani son of Ravindra SAhani Village- Dhalwa Ps- Kotwa Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304(B)/ 34 of the I.P.C.
3. As per the prosecution case, daughter of the informant has been killed by F.I.R. named accused persons including the
Patna High Court CR. MISC. No.61215 of 2023(2) dt.16-10-2023 2/3 petitioners (in-laws of the deceased) due to non-fulfillment of demand of dowry.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. They have never made any dowry demand and they were living separately from the deceased. It is further submitted that petitioners are the inlaws family members of the deceased and husband of the deceased was in custody and thereafter was granted bail vide Cr. Misc. No. 38819 of 2023 dated 28.08.2023 by a Coordinate Bench of this Court. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each
Patna High Court CR. MISC. No.61215 of 2023(2) dt.16-10-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kuchaikote P.S. Case No.35 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) annpurna/- U T