Durgalal Sahni Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52597 of 2025

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Arising Out of PS. Case No.-198 Year-2019 Thana- DUMARIAGHAT District- East Champaran

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Durgalal Sahni Son of Ramlagan Sahni Resident of village- Dhangaraha, P.S.- Dumariya Ghat, District- East Champaran, Bihar. At present, 529th / 135 Jageshwar Colony Kalyanpur, East Vikash Nagar, Lakhnow UP-226022

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Nikki Devi W/O Durgalal Sahni Resident of village- Dhangaraha, P.S.Dumariya Ghat, District- East Champaran, Bihar. At present, 529th /135 Jageshwar Colony Kalyanpur, East Vikash Nagar, Lakhnow UP-226022

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Ramlagan Sahani S/O Raveli Sahni Resident of village- Dhangaraha, P.S.Dumariya Ghat, District- East Champaran, Bihar. At present, 529th /135 Jageshwar Colony Kalyanpur, East Vikash Nagar, Lakhnow UP-226022

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Shail Devi W/O Ramlagan Sahni Resident of village- Dhangaraha, P.S.Dumariya Ghat, District- East Champaran, Bihar. At present, 529th /135 Jageshwar Colony Kalyanpur, East Vikash Nagar, Lakhnow UP-226022

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Nitesh Sahani S/O Ramlagan Sahni Resident of village- Dhangaraha, P.S.Dumariya Ghat, District- East Champaran, Bihar. At present, 529th /135 Jageshwar Colony Kalyanpur, East Vikash Nagar, Lakhnow UP-226022

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shatrughna Pandey For the Opposite Party/s : Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 17-09-2025 1. Heard the parties.

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The petitioners apprehend their arrest in connection with

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Dumariya Ghat P.S. Case No. 198 / 2019 dated 04.10.2019 registered for the offence under Section 302, 201, 120B, 498A of the I.P.C. and Section 3 & 4 of the Dowry Prohibition Act.

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As per the prosecution story the complainant - Chunmun

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Kumari (wife of the deceased) was married to Durgesh Sahni

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Patna High Court CR. MISC. No.52597 of 2025(2) dt.17-09-2025 2/3

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on 18.06.2018 according to Hindu rites and customs. After wedding, the complainant went to her in-laws’ house, where all the accused persons started torturing and harassing her for a Car in dowry, which was objected by her husband. On 19.07.2019 her husband went to his home and on 02.08.2019 the complainant and her parents came to know that the accused persons had come to their permanent house and were secretly performing the ‘shraddh’ of the complainant’s husband without their knowledge.

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Learned counsel for the petitioners submits that petitioners have not committed any offence in the manner alleged and they have falsely been implicated in the present case. He further submits that petitioner no. 1 & 5 are the brother of the deceased whereas the petitioner no. 2 is the sister-in-law (Bhabhi) of the deceased. The petitioner no. 3 is the father of the deceased and petitioner no. 4 is the mother of the deceased. He submits that the husband of the complainant (deceased) was suffering from heart disease and had stopped taking medicines without advice by the doctor and went to sleep without eating which led to his death. The petitioners never demanded any kind of dowry from the wife of the deceased / complainant or the family members of the complainant.

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Patna High Court CR. MISC. No.52597 of 2025(2) dt.17-09-2025 3/3

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I have heard learned counsel counsel for the petitioners and perused the materials on record. From the impugned order it appears that the petitioners had filed an anticipatory bail application bearing A.B.P. No. 432 of 2020 before the learned court below, which was dismissed on 05.03.2020 and after lapse of five years in the year 2025 second anticipatory bail application has been filed. Accordingly, I am not inclined to grant anticipatory bail to the petitioners. The same is rejected.

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However, if the petitioners surrender before the learned court below and seek regular bail, it is expected that the learned court below shall consider the same on its own merit without being prejudiced by the fact that the present anticipatory bail application has been rejected by this court.

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(Anil Kumar Sinha, J)

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praful/-

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U T

Durgalal Sahni v. The State of Bihar

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Durgalal Sahni v. The State of Bihar

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