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Patna High CourtCR. MISC./7/2024bail rejected

Meghanand Kumar Sahani @ Meghanand Kumar v. The State Of Bihar

2024-04-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7 of 2024 Arising Out of PS. Case No.-8 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== MEGHANAND KUMAR SAHANI @ MEGHANAND KUMAR, S/OMOHAN SAHANI, R/O- VILLAGE- BELWATIYA, P.S.- SUGAULI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sugauli P.S. Case no. 8 of 2023 registered under sections 304B, 201, 120B and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that he married his daughter to the petitioner herein. His daughter was tortured by the accused persons for non fulfillment of the demand of dowry by way of a motorcycle etc. She was ultimately done to death and her body disposed of.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason of his being the husband of the daughter of the informant. The daughter of the informant died a natural death as

Patna High Court CR. MISC. No.7 of 2024(3) dt.09-04-2024 2/2 a result of cardio-respiratory failure. Intimation was given to the informant and other members of his family and thereafter cremation was conducted following all rites and rituals in their presence. It is as an after thought that the petitioner has been falsely implicated in the case by lodging this FIR. The petitioner is in custody since 3.8.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State who submits that the petitioner besides being the husband of the deceased and there being direct allegation against him, also has an antecedent under section 498A of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegations against the petitioner in the FIR and the petitioner being the husband of the deceased, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) avinash/- U T