Mahesh Kumar @ Mahesh Sahni @ Mahesh Kumar Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69721 of 2025 Arising Out of PS. Case No.-230 Year-2020 Thana- PIYAR District- Muzaffarpur ====================================================== Mahesh Kumar @ Mahesh Sahni @ Mahesh Kumar Sahani S/O Singheshwar Sahnai R/O Vill.- P.O- Simara, P.S- Piyar, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Dhananjay Kumar Singh, Advocate For the State :
Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 304B, 201 and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that marriage of grand-daughter of informant was solemnized with co-accused Vijay Sahani as per Hindu rites and rituals. It is alleged that thereafter, all the F.I.R. named accused persons committed torture and harassment with daughter of informant due to nonfulfillment of demand of dowry. On 11.12.2020, informant received information that all the F.I.R. named accused persons, including this petitioner, have killed his grand-daughter due to non-fulfillment of demand of dowry and cremated her dead
Patna High Court CR. MISC. No.69721 of 2025(2) dt.07-10-2025 2/3 body.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R.. Name of petitioner transpired in this case during course of investigation only on the ground that he happens to be owner of the tractor on which it is alleged that dead body of the deceased was carried from house to cremation ground. Petitioner is victim of over implication. Informant is not an eye witness of the allegation occurrence. Petitioner has got no concern with the affairs of the deceased and her husband. There is no specific allegation of torture or demand of dowry against the petitioner. Thrust of accusation is against husband of the deceased who is already in custody.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case and general and omnibus nature of accusation, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.69721 of 2025(2) dt.07-10-2025 3/3 petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-10, Muzaffarpur (East) in connection with Piyar P.S. Case No. 230 of 2020, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T