Abhay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81155 of 2024 Arising Out of PS. Case No.-602 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Abhay Sahani Son of Vijay Sahni R/O Vill.- Bahuari, Ward no. 09, P.S.- Lakhaura, Dist.- East Champaran at Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate.

For the State :

Mr. Arun Kumar Singh, APP.

For the Informant :

Mr. Utsav Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Muffasil (Lakhaura) P.S. Case No.602 of 2023 instituted under Sections 302, 304(B), 201 & 34 of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act.

3. As per the prosecution case, allegation against the petitioner is that due to non-fulfillment of demand of dowry, the niece of the informant has been killed by all the named accused persons including the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent has been falsely implicated in this case only on the basis of suspicion. He further submits that the victim

Patna High Court CR. MISC. No.81155 of 2024(4) dt.05-03-2025 2/2 was died due to heart attack and her last rites were duly performed on the presence of informant and others. Learned counsel submits that the informant and father of the victim have not supported the prosecution case in the trial and they have stated that unfortunately the victim have died and due to misunderstanding the informant has filed the present case. He further submits that petitioner is in custody since 14.08.2024 and he undertakes to cooperate in the trial.

5. Learned counsel for the informant has not opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Muffasil (Lakhaura) P.S. Case No.602 of 2023. (Sunil Dutta Mishra, J) Ritik/- U T