Dinesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.309 of 2024 Arising Out of PS. Case No.-398 Year-2017 Thana- AHIYAPUR District- Muzaffarpur ====================================================== DINESH SAHNI SON OF BHADAI SAHNI RESIDENT OF VILLAGEKANTI KOTHIA, POLICE STATION- KANTI, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Subhash Kumar, Advocate For the State :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 304B and 34 of the Indian Penal Code.

3. It is a case of "dowry death".

4. It is submitted by learned counsel for the petitioner that petitioner is maternal uncle of the husband of the deceased. He has been falsely implicated in this case merely because he is relative of the husband of the deceased. Specific accusation is against other co-accused persons. He has got no concern with the affairs of the deceased and her husband. It is further submitted during course of investigation, mother and brother of

Patna High Court CR. MISC. No.309 of 2024(3) dt.21-03-2024 2/2 the deceased, in their statement recorded under Section 164 of Cr.P.C., have stated that as a matter of fact, the deceased got fire in her saree while she was preparing food and no one has set her on fire. Charge-sheet has already been submitted and the petitioner is in custody since 25.08.2023. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, rival submissions, nature of accusation and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 398 of 2017. (Prabhat Kumar Singh, J) shashank/- U T