Santosh Sahni @ Santosh Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.347 of 2025 Arising Out of PS. Case No.-52 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Santosh Sahni @ Santosh Kumar Sahni Son of Raj Kumar Sahni @ Raj Kumar Singh Resident of Vill- Daud Rasulpur, P.S.- Goraul, DistrictVaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in case registered for the offence under Sections 304(B), 120B, 201, 34 of the Indian Penal Code.
3. It is a case of 'Dowry Death'. As per prosecution case, daughter of informant was married with this petitioner in the year 2018 and when she went to her matrimonial house, she was subjected to torture and cruelty due to non-fulfillment of demand of dowry and lastly, on 31.12.2022, all the F.I.R. named accused persons including this petitioner committed murder of daughter of informant and disappeared her dead-body.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.347 of 2025(3) dt.04-07-2025 2/2 petitioner is innocent and has been implicated in this case merely because he happens to be husband of the deceased. Petitioner neither demanded any dowry nor committed any torture to the deceased. In fact, the deceased herself committed suicide by consuming poison. There is delay of two months in lodging the F.I.R. and there is no plausible explanation of delay. Petitioner is in custody since 09.09.2024.
5. However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is husband of deceased and there is specific and direct allegation against him of committing torture and demanding dowry. Deceased has died in an unnatural circumstances within seven years of marriage at her matrimonial home.
6. Considering the nature and gravity of offence and the fact that petitioner is husband of the deceased and there is specific and direct allegation against him, the prayer for bail of petitioner is rejected.
(Prabhat Kumar Singh, J) anay U T