Ashok Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.13796 of 2016 (3) dt.25-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13796 of 2016 Arising Out of PS.Case No. -36 Year- 2013 Thana -NIMACHANDPUR District- BEGUSARAI ====================================================== Ashok Sahni Son of Paro Sahni Resident of Village Neema , Police StationNeema Chandpura District Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Maharaj For the Opposite Party/s : Mr. Hirday Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-04-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in jail since 01.02.2016 in a case registered under Sections 498A/307/326/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Subsequently Sections 304 (B) and 302 of the Indian Penal Code were added.

The prosecution case is of torturing the informant after about seven years of her marriage for demand of a Motorcycle and an amount of Rs.20,000/- as dowry. Ultimately the informant was put on fire as a result she succumbed to the injury. Learned counsel for the petitioner submits that the petitioner was married to the informant about seven years back and, therefore, Section 304 (B) I.P.C. is not made out. The post-

Patna High Court Cr.Misc. No.13796 of 2016 (3) dt.25-04-2016 mortem report also does not support the cause of death. Considering the nature of accusation and the cause of death, this Court is not inclined to grant bail to the petitioner in connection with S.T.

No.110/2016, arising out of Neemachandpura P.S. Case No.36 of 2013, pending in the Court of learned Sessions Judge, Begusarai and his prayer for bail is, accordingly, rejected.

(Dinesh Kumar Singh, J) V.P.Sinha/- U T