Ramugrah Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61486 of 2023 Arising Out of PS. Case No.-308 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.

Ramugrah Sahani, aged about 65 years, son of late Baidhyanath Sahani, 2.

Roini Devi, aged about 60 years, wife of Ramugrah Sahani, 3.

Amresh Kumar Sahani @ Amresh Sahni, aged about 38 years, son of Ramugrah Sahani, All resident of village- Bhagwanpur, PS- Pakri Dayal, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Pakridayal PS Case No.308 of 2022 dated 13.12.2022, instituted under Sections 120-B, 201, 304-B/34 of the Indian Penal Code.

3. The allegation against the petitioners is that they along with others have committed murder of the daughter of the informant on account of non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. It is further submitted that the petitioner no.1 is the fatherin-law, petitioner no. 2 is the mother-in-law and the petitioner no. 3 is the younger brother of the husband of the deceased. Learned counsel further submits that there is no specific

Patna High Court CR. MISC. No.61486 of 2023(3) dt.13-12-2023 2/2 allegation against the petitioners. There is general and omnibus allegation against the petitioners. Further submission is that the FIR has been lodged after the delay of six months without any plausible explanation for the same. It is further submitted that some of the family members of the petitioners have been granted anticipatory bail by a coordinate Bench of this Court by order dated 19.10.2023 passed in Cr. Misc. No.67739 of 2023. Lastly, it is submitted that one criminal case is pending against the petitioners.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, in Pakridayal PS Case No.308 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T