Yadolal Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57800 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.
Yadolal Sahani, aged about 68 years (Male), son of Late Gopichand Sahani, R/O Village- Gorigawa, P.S.- Sugauli, Dist- East Champaran. 2.
Shila Devi, aged about 65 years (Female), wife of Yadolal Sahani, R/O Village- Gorigawa, P.S.- Sugauli, Dist- East Champaran. 3.
Bhushan Sahani, aged about 28 years (Male), son of Yadolal Sahani, R/O Village- Gorigawa, P.S.- Sugauli, Dist- East Champaran. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Dhannjay Kumar No. 2, Advocate For the State :
Mr. Umesh Lal Verma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-01-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in connection with Sugauli P.S. Case No. 194 of 2022 dated 21.04.2022 registered for the offences punishable under Sections 304B and 201/34 of the I.P.C.
4. As per the prosecution case, the petitioners and other co-accused persons are alleged to have murdered the
Patna High Court CR. MISC. No.57800 of 2023(5) dt.25-01-2024 2/3 daughter of the informant and cremated her dead body in Sareh due to non-fulfilment of gold chain and Rs. 1,00,000/- as dowry.
5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. The petitioners have not tortured the informant's daughter. It is further submitted that the petitioner no. 1 is the father-in-law, the petitioner no. 2 is the mother-inlaw and the petitioner no. 3 is the Bhaisur (brother-in-law) of the deceased. They are separate in mess and property from the husband of the deceased. They have no concern with the alleged occurrence. There is general and omnibus allegation against the petitioners. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail application.
6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, East
Patna High Court CR. MISC. No.57800 of 2023(5) dt.25-01-2024 3/3 Champaran at Motihari in connection with Sugauli P.S. Case No. 194 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T