Patna High CourtCR. MISC./73707/2023bail rejected

Babloo Kumar Sahni v. The State Of Bihar

2024-02-29Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73707 of 2023 Arising Out of PS. Case No.-267 Year-2022 Thana- PATEPUR District- Vaishali ====================================================== Babloo Kumar Sahni Son Of Harindra Sahni @ Harindar Sahni Resident Of Village - Bardiha Turki, P.S. - Patepur, District - Vaishali ... ... Petitioner/s

Versus

The state of bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Patepur P.S Case No. 267 of 2022 from the Court of learned Judicial Magistrate 1st Class, Vaishali at Hajipur registered for the offences punishable under Sections 304 (B) and 201/34 of I.P.C and 3/4 D.P. Act.

3. As per allegation in the FIR, It is a case of dowry death of deceased by the petitioner and his family members due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits

Patna High Court CR. MISC. No.73707 of 2023(6) dt.29-02-2024 2/3 that petitioner has falsely been implicated in this case. It is next submitted that petitioner is husband of the deceased and It is also submitted that petitioner is in judicial custody since 26.03.2023. and petitioner has got no criminal antecedent as stated in para 3 of the petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. In view of the allegation, on perusal of the FIR and impugned order dated 11.09.2023 it appears that petitioner and his family demanded Rs. 3 lakh from the deceased family and daughter of informant was usually assaulted by them regarding non-fulfillment of deamdn of dowry. Body of the deceased was recovered in burning position. Considering the aforesaid facts and documents on record this Court is not inclined to grant bail to the petitioner.

7. Hence prayer for regular bail of the petitioner is hereby rejected. However, trial court is directed to conclude the trial within 10 months from the receipt of this order, if trial is not concluded within

Patna High Court CR. MISC. No.73707 of 2023(6) dt.29-02-2024 3/3 stipulated period petitioner has liberty to renew the prayer of bail before the trial court.

(Ramesh Chand Malviya, J) Mayank/- U T