Patna High CourtCR. MISC./83655/2024bail rejected

Dhananjay Sah @ Dhananjay Kumar Soni v. The State Of Bihar

2025-02-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83655 of 2024 Arising Out of PS. Case No.-563 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== Dhananjay Sah @ Dhananjay Kumar Soni S/O Ramdeo Sah R/O Vil.- Block Road Barwa Narkatiaganj, P.S.- Shikarpur, Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Shikarpur P.S. Case No. 563 of 2024 instituted for the offences under Sections 80, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the petitioner alongwith the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the husband of the deceased. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged

Patna High Court CR. MISC. No.83655 of 2024(4) dt.07-02-2025 2/2 against the petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.08.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that allegation as alleged in the FIR is supported by the post-mortem report of the deceased.

6. Considering the aforesaid facts and circumstances of the case, material available in the case diary, the petitioner being the husband of the deceased, at this stage, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T