Tulshi Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71759 of 2024 Arising Out of PS. Case No.-457 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== Tulshi Sahni Son of Rajendra Sahni R/O Village- Bhikhanpura, P.S. Paroo, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner is apprehending his arrest in connection with Paroo P.S. Case No. 457 of 2022 registered for the alleged offences under Sections 341, 323, 304(B), 498(A), 504, 506 and 509/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. As per prosecution case, daughter of the informant was married with the son of the petitioner. Allegation against the petitioner and other co-accused persons is that of demanding dowry and killing the daughter of the informant within seven years of her marriage due to non-fulfillment of dowry demand.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the father-in-law of the deceased and there is general and omnibus allegation against the
Patna High Court CR. MISC. No.71759 of 2024(2) dt.27-09-2024 2/3 petitioner and other co-accused persons. There is no specific allegation against this petitioner. There is no material to show that anything was demanded prior to the death of the daughter of the informant. Learned counsel further submits that it appears that the daughter of the informant committed suicide and thereafter family members of the petitioner informed the police as well as the informant. When the informant realized her mistake, she has submitted an application dated 23.11.2022 before the learned trial court submitting that she does not want to proceed further in this case. Co-accused Manju Devi, Rinki Devi and Dheeraj Kumar have been granted anticipatory bail by two different Co-ordinate Benches of this Court vide order dated 05.10.2023 passed in Cr. Misc. No.
15437 of 2023 and order dated 22.02.2024 passed in Cr. Misc. No. 10323 of 2024, respectively. Deepak Kumar Sahni, husband of the deceased, has been granted bail by this Court vide order dated 10.11.2023 passed in Cr. Misc. No. 58515 of 2023. Petitioner is having clean antecedent.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.71759 of 2024(2) dt.27-09-2024 3/3 doubtful nature of allegation against the petitioner and also considering the clean antecedent of the petitioner coupled with possibility of false implication, let the petitioner named above, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., West Muzaffarpur/ court concerned, in connection with Paroo P.S. Case No. 457 of 2022, subject to the condition laid down under section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T