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Patna High CourtCR. MISC./75909/2023allowed

Mahendra Sahani v. The State Of Bihar

2024-02-01Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75909 of 2023 Arising Out of PS. Case No.-176 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== Mahendra Sahani Son Of Late Kalchand Sahani @ Kalicharan Sahani R/O Village- Kauwahi, P.S.- Rajepur, District- East Champaran, Motihari ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 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 304(B), 201/34 of the Indian Penal Code.

It is a case of dowry death of informant's daughter due to non fulfillment of dowry demand of gold chain.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.75909 of 2023(3) dt.01-02-2024 2/3 falsely been implicated in the present case. It is further submitted that petitioner is father-in-law of the deceased and he has no concern with the mess and business of the deceased as well as her husband. The ample responsibility to keep his wife with dignity and honor is upon her husband ie. co-accused Ramesh Sahani. Moreover, the petitioner is languishing in judicial custody since 12.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rajepur P.S. Case No. 176 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.75909 of 2023(3) dt.01-02-2024 3/3 to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran.

(Sunil Kumar Panwar, J) Nirajkrs/- U T