Anil Sahani @ Anil Sahai @ Anil Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68677 of 2024 Arising Out of PS. Case No.-780 Year-2022 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Anil Sahani @ Anil Sahai @ Anil Sahni S/o Suresh Sahani R/o Village- Sirsa Ramrai, Mallah Tola, P.S- Lalganj, District- Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Mrityunjay Kumar, Advocate For the Opposite Party :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Vaishali Complaint Case No. 780/2022 dated 11.03.2022 registered for the offence punishable u/s 304B read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the complainant's grand-daughter due to non-fulfillment of demand of Rs. 2,00,000/- as dowry. Further on 03.03.2022, the petitioner and the co-accused persons killed the complainant's daughter and disappeared the dead body.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.68677 of 2024(2) dt.11-12-2024 2/2 this case. There is general and omnibus allegation against the petitioner who is husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. It is submitted that the deceased was not subjected to torture and cruelty soon before her death for or in connection with demand of dowry.The other co-accused persons have already been granted bail by this court vide order dated 23.05.2024 passed in Cr. Misc. No. 32983/2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the petitioner is the husband.
6. Considering the aforesaid facts and circumstances and the heinous nature of allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. The petition is rejected and the petitioner is directed to surrender to the Court below within six weeks from the date of this order and the Court below may consider the prayer of the bail of the petitioner in accordance with law and on its own merits without being prejudice by this order. (Chandra Prakash Singh, J) atul/- U T