Sanjay Sahni @ Sanjay Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53943 of 2019 Arising Out of PS. Case No.-181 Year-2018 Thana- UJIYARPUR District- Samastipur ====================================================== Sanjay Sahni @ Sanjay Kumar Sahani Son of Late Golo Sahni Resident of Mahisari, P.S.- Ujiyarpur, Distt - Samastipur ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party :

Mr.Abhay Kumar Roy, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner, who is husband of the deceased, is an accused in a case registered for the offence punishable under sections 304B/328/34 of the Indian Penal Code on the allegation that he along with his family members killed his wife for nonfulfilment of dowry demand. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case because of being husband of the victim. He submits that the marriage had taken place 15 years back and the couple was blessed with three children, as such, the allegation of killing of wife appears to be improbable. Charge sheet has been submitted for offence punishable under section 328/306/498A of the Indian Penal Code. Petitioner is in custody since 25.9.2018. Learned counsel for the State opposes the prayer for bail.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.53943 of 2019(3) dt.16-11-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Dalsinghsarai, Samastipur in Ujiyarpur Police Station Case No. 181 of 2018 Sessions Trial No. 83 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T