Shiv Shankar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79045 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.

Shiv Shankar Sahni W/O Late Rijhan Sahni R/O Village- Narkatiya, P.S.- Hathauri, District- Muzaffarpur.

2.

Girja Devi S/O Shiv Shankar Sahni R/O Village- Narkatiya, P.S.- Hathauri, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 201, 304(B)/34 of the Indian Penal Code.

It is a case of dowry death due to non fulfillment of dowry demand. Petitioners are father-inlaw and mother-in-law of the deceased. It is submitted by learned counsel for the petitioners that the petitioners are innocent and they

Patna High Court CR. MISC. No.79045 of 2023(2) dt.07-12-2023 2/3 have committed no offence. They have falsely been implicated in the present case. It is further submitted that petitioners are father-in-law and mother-in-law of the deceased and they have no concern with the mess and business of the deceased as well as her husband. Moreover, the petitioners are languishing in judicial custody since 12.08.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Similarly situated co-accused, namely, Bibha Devi has been granted bail vide order dated 30.08.2023. passed in Cr. Misc. No. 53380 of 2023 by co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged

Patna High Court CR. MISC. No.79045 of 2023(2) dt.07-12-2023 3/3 on bail in connection with Hathauri P.S. Case No. 55 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur (East).

(Sunil Kumar Panwar, J) Nirajkrs/- U T