Bachchan Kumar Sahni @ Bachchan Hani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24154 of 2018 Arising Out of PS.Case No. -189 Year- 2017 Thana -PATORI District- SAMASTIPUR ======================================================

1. Bachchan Kumar Sahni @ Bachchan Hani, son of Binda Hani, Resident of Village- Lodipur, P.S.- Patori, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Patori P.S.Case No.189 of 2017, registered for offences punishable under Sections 304B, 120B/34 of the Indian Penal Code.

Allegation is against the petitioner who happens to be husband causing dowry death of the deceased.

Submission of the learned counsel for the petitioner is that the FIR itself shows that at the time of occurrence, he was at Bombay and only allegation against him is that at his instance, she was killed. Further submission is that later on informant appeared in the court and filed a petition that due to misunderstanding the case has been filed.

Patna High Court Cr.Misc. No.24154 of 2018 (2) dt.02-05-2018 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of four weeks from the date of receipt of the order and on his surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur in connection with Patori P.S.Case nO.189 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T