Pramod Sahni @ Parmod Sahni Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Pramod Sahni @ Parmod Sahni Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Muzaffarpur, in connection with Kudhani P.S. Case No. 371 of 2023, subject to the condition of physical presence before the Court below on each and every date.

Issue for consideration

Whether the petitioner is entitled to regular bail in connection with Kudhani P.S. Case No. 371 of 2023 registered for the offences punishable u/s 302, 201, 304B read with section 34 of the Indian Penal Code.

Court's answer

Considering the facts and circumstances of the case, the nature of allegation levelled against the petitioner and the period of custody, the petitioner was directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each.

Ratio / Principle

Bail was made subject to the condition that the petitioner remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bond is liable to be cancelled.

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.) — Regular bail — Offences punishable u/s 302, 201, 304B read with section 34 of the Indian Penal Code arising out of Kudhani P.S. Case No. 371 of 2023 (Thana Kudhni, District Muzaffarpur) — Prosecution allegation that petitioner (husband of the deceased) and co-accused persons strangulated the informant's daughter to death due to non-fulfillment of demand of dowry under conspiracy — Counsel contended general and omnibus allegation against petitioner, who claimed innocence and clean antecedent; co-accused already granted bail by co-ordinate bench vide order dated 29.02.2024 in Cr. Misc. No. 9882 of 2024; petitioner in custody since 21.08.2023 — Considering facts and circumstances, nature of allegation and period of custody, petitioner directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each — Condition imposed: petitioner to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bond liable to be cancelled — Application allowed (order dt. 11-07-2024).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24322 of 2024

Arising Out of PS. Case No.-371 Year-2023 Thana- KUDHNI District- Muzaffarpur

======================================================

Pramod Sahni @ Parmod Sahni S/O Raj Kishore Sahni @ Raj Kishore Village- Harpur Balra, Ps. Maniyari, Dist. Muzaffarpur.

... ... Petitioner/S

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Gaurav Kumar, Adv For the Opposite Party/s : Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

3 11-07-2024

Heard learned counsel for the petitioner and learned

A.P.P for the State.

2 . The petitioner has preferred this application for grant of regular bail in connection with Kudhani P.S. Case No. 371 of 2023 dated 13.07.2023 registered for the offences punishable u/s 302, 201, 304B read with section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the co-accused persons alleged to have strangulated the informant’s daughter to death due to non-fulfillment of demand of dowry under conspiracy.

4 . Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.24322 of 2024(3) dt.11-07-2024 2/3

that the petitioner is innocent and has falsely been implicated in this case. The petitioner neither demanded any dowry nor tortured the informant. The petitioner is the husband of the deceased. There is general and omnibus allegation against the petitioner. The co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 29.02.2024 passed in Cr. Misc. No. 9882 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.08.2023.

5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6 . Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Kudhani P.S. Case No. 371 of 2023, with a condition/s:-

( i ). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

Patna High Court CR. MISC. No.24322 of 2024(3) dt.11-07-2024 3/3

7 . The application stands allowed.

(Chandra Prakash Singh, J)

Jyoti/-

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