Nagendra Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81023 of 2025 Arising Out of PS. Case No.-243 Year-2010 Thana- SUGAULI District- East Champaran ====================================================== 1.
Nagendra Sahani S/o- Jainarayan Sahani Resident of Ward no- 12, Belwa, P.S.- Sugauli, District- East Champaran 2.
Musmat Lajyanti Devi @ Most. Lalmati Devi @ Most. Lajwanti W/oJainarayan Sahani Resident of Ward no- 12, Belwa, P.S.- Sugauli, DistrictEast Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sauravh Singh For the Opposite Party :
Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Sagauli P.S. Case No. 243/2010 (Trial No. 2446/2024) arising out of Complaint Case No. 1930/2010 dated 01.09.2010 registered for the offences punishable under Sections 316, 498A, 201, 120B of the Indian Penal Code and later on Section 304B of the I.P.C. was added.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have committed murder of the informant's daughter due to non-fulfillment of demand of dowry and with a view to disappear the evidence, they disposed of the
Patna High Court CR. MISC. No.81023 of 2025(2) dt.05-12-2025 2/3 dead body.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is a general and omnibus allegation against the petitioners who are the husband and mother-in-law of the deceased. The petitioners neither demanded any dowry nor tortured the deceased. The petitioners have no concern with the alleged offence. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners by submitting that the petitioner no. 1 is the husband of the deceased.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner no. 2 i.e., Musmat Lajyanti Devi @ Most. Lalmati Devi, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Sagauli P.S. Case No. 243/2010 (Trial No. 2446/2024) arising out of Complaint Case
Patna High Court CR. MISC. No.81023 of 2025(2) dt.05-12-2025 3/3 No. 1930/2010, subject to conditions as laid down under Section 482(2) of the B.N.S.S.,
7. The application stands allowed with regard to the petitioner no. 2, namely, Musmat Lajyanti Devi @ Most. Lalmati Devi.
8. So far as, the petitioner no. 1 namely, Nagendra Sahani is concerned, considering the aforesaid facts and circumstances of the case as well as the allegation levelled against the petitioner no.1 namely, Nagendra Sahani I am of the view that no case for grant of anticipatory bail is made out and the same is rejected of with direction to the petitioner no. 1 to surrender before the concerned Court below within six weeks from the date of this order and the learned Court below may consider his prayer for regular bail in accordance with law and of its own merits without being prejudiced by this order.
9. Accordingly, the application regarding petitioner no.1 namely, Nagendra Sahani stands rejected. (Chandra Prakash Singh, J) atul/- U T