Bhagirath Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61040 of 2022 Arising Out of PS. Case No.-167 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== Bhagirath Sahani, Son of Bhola Shankar Sahani Resident of village- Belghati, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 304B, 120B and 34 of the Indian Penal Code.

As per allegation in the FIR, petitioner is the husband of the deceased and he used to torture the daughter of the informant in various ways due to non-fulfillment of further dowry demand and ultimately in connivance with his other family members he killed her by strangulating. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He has never demanded anything from the

Patna High Court CR. MISC. No.61040 of 2022(3) dt.18-03-2023 2/2 deceased. Prior to the alleged offence, no complain regarding harassment or torture to the deceased by the petitioner is registered. Petitioner is languishing in judicial custody since 1.4.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that as per postmortem report, deceased died due to aphyxia caused by strangulation. During investigation, several witnesses have supported the prosecution story. Petitioner is husband of the deceased and he has not kept his wife with full honour and dignity resulting into her death within seven years of marriage. Having heard learned counsel for the parties and considering the nature of the allegation, this Court is not inclined to enlarge the petitioner on bail and, as such, the prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Arish/- Sushma/- U T