Bannu Sahani @ Bandhu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3178 of 2023 Arising Out of PS. Case No.-279 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== 1.

BANNU SAHANI @ BANDHU SAHANI SON OF LATE SHIV DAYAL CHOUDHARY R/O VILLAGE- BALUA MALAHI TOLA, P.S.- PAHARPUR, DISTRICT- EAST CHAMPARAN 2.

LALJHARI DEVI WIFE OF BANNU SAHANI @ BANDHU SAHANI R/O VILLAGE- BALUA MALAHI TOLA, P.S.- PAHARPUR, DISTRICTEAST CHAMPARAN 3.

KRISHNA SAHANI SON OF BANNU SAHANI @ BANDHI SAHANI R/O VILLAGE- BALUA MALAHI TOLA, P.S.- PAHARPUR, DISTRICTEAST CHAMPARAN 4.

NAKUL KUMAR @ RAM CHANDRA KUMAR SON OF BANNU SAHANI @ BANDHI SAHANI R/O VILLAGE- BALUA MALAHI TOLA, P.S.- PAHARPUR, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304(B)/201/34 of the IPC. As per the prosecution case, F.I.R. named accused persons are said to have tortured and then killed the daughter of informant for non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No

Patna High Court CR. MISC. No.3178 of 2023(2) dt.10-02-2023 2/2 such occurrence, in the manner as alleged, has ever taken place. Petitioners are the in-laws and family members of the deceased and the allegation leveled against the petitioners is not specific rather general and omnibus in nature. The daughter of informant died due to illness and petitioners have never made any dowry demand. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Paharpur P.S. Case No.279 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. However, bail bond of the petitioners shall be accepted by the learned court below after confirming that the husband of deceased has surrendered before the learned court below.