Santosh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71957 of 2022 Arising Out of PS. Case No.-51 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== Santosh Sahani, Son of Hari Mohan Sahani, R/V- Gavsara, P.S.- Karja, District- Muzaffarpur. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Alok Kumar Alok, Advocate For the Opposite Party/s: Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Karja P.S. Case No. 51/20 registered for the offence under Sections 304B; 201/34 of I.P.C.

The accused/petitioner is not named in the F.I.R. and is in custody since 22.07.2022.

The allegation against the petitioner is to cause death of daughter of informant alongwith other co-accused

Patna High Court CR. MISC. No.71957 of 2022(2) dt.20-03-2023 2/3 persons/family members due to non-fulfillment of the demand of dowry as raised for cash of Rs. 50,000/- and one motorcycle. Learned counsel appearing on behalf of the petitioner submitted that petitioner is brother-in-law, living separately having no connection with the daily and domestic affairs with deceased. It is also submitted that specific allegation to cause death of daughter of informant is available against husband of the deceased, who is in custody, where implication is only for the reason is that he is the brother of the main co-accused. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioner is brother in law, living separately having clean antecedent, coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Karja P.S. Case No. 51/20 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 5th (West); Muzaffarpur/concerned

Patna High Court CR. MISC. No.71957 of 2022(2) dt.20-03-2023 3/3 Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T