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Patna High CourtCR. MISC./75/2023allowed

Satyanarayan Sahni v. The State Of Bihar

2023-02-04Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75 of 2023 Arising Out of PS. Case No.-108 Year-2021 Thana- PASRAHA District- Khagaria ====================================================== 1.

SATYANARAYAN SAHNI Son of Late Mishra Sahni Resident of Village - Satish Nagar, Police Station - Pasraha, District - Khagaria. 2.

Tara Devi Wife of Satyanarayan Sahni Resident of Village - Satish Nagar, Police Station - Pasraha, District - Khagaria. 3.

Gaurav Sahni @ Tunna Sahni Son of Satyanarayan Sahni Resident of Village - Satish Nagar, Police Station - Pasraha, District - Khagaria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nandsingh, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

Allegedly, the petitioners along with other accused persons used to demand Apache Motorcycle worth Rs. 1 lakh from the informant's daughter as dowry. On refusal, they used to abuse and assault her. It is further alleged by the informant that her daughter has been killed for dowry by her-in-laws. It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.75 of 2023(2) dt.04-02-2023 2/3 petitioner nos .1 & 2 are father-in-law and mother-in-law of the deceased, respectively, whereas petitioner no.3 is Dewar of the deceased. Petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that after investigation, the police has filed final form against the petitioners but the learned Court below, after the perusal of the case diary, differing with the final form took cognizance against the petitioners. He further submits that the husband of the deceased was granted bail under Section 167(2) of the Cr.P.C. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the husband of the deceased took benefit of Section 167(2) of the Cr.P.C., 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

Patna High Court CR. MISC. No.75 of 2023(2) dt.04-02-2023 3/3 satisfaction of the learned lower Court where the case is pending/successor Court in connection with Pasraha P.S. Case No. 108 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T