Mewalal Sahni @ Mewalal Sahani vs The State Of Bihar
2021 Latest Caselaw 1302 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.31680 of 2020
       Arising Out of PS. Case No.-129 Year-2020 Thana- MAHESI District- East Champaran
     ======================================================

1. Mewalal Sahni @ Mewalal Sahani, aged about 20 years (M), son of Nand Kishore Sahani,

2. Nand Kishor Sahni @ Nand Kishor Sahani, aged about 46 years (M), son of late Mahadeo Sahani,

3. Basanti Devi, aged about 43 years (F), w/o Nand Kishor Sahni @ Nand Kishor Sahani, All are resident of Village- Chakki Ujhilpur, P.S.- Mehsi, District- East Champaran, Motihari.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Gupta, Advocate For the State : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-03-2021

Heard Mr. Dhananjay Kumar Gupta, learned counsel

for the petitioners and Mr. Sunil Kumar Pandey, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

2. Learned counsel for the petitioners submitted that

he may permitted to withdraw the application on behalf of the

petitioner no. 2, as he has already been arrested. Accordingly,

the application on behalf of the petitioner no. 2, Nand Kishor

Sahni @ Nand Kishor Sahani stands disposed off as withdrawn

and is restricted to petitioners no.1, Mewalal Sahni @ Mewalal Patna High Court CR. MISC. No.31680 of 2020 dt.05-03-2021

Sahani and 3 Basanti Devi.

3. The petitioners no. 1 and 3 apprehend arrest in

connection with Mehsi PS Case No.129 of 2020 dated

14.05.2020, instituted under Sections 304-B, 201/34 of the

Indian Penal Code.

4. The petitioner no. 3 is the mother-in-law of the

deceased, who was the daughter of the informant and the

petitioner no. 1 is the younger son of the petitioner no. 3.

5. The allegation against the petitioners, along with

others, is of killing the informant's daughter and disposing off

her body without information to the informant's family.

6. Learned counsel for the petitioners submitted that

they are living separately and that she had died due to acute

cold, cough, headache, high fever and body-ache and could not

be treated due to lock down. It was further submitted that the

informant and his family members came and took part in the

rituals, but to harass the family, this false case has been filed.

7. Learned APP, from the case diary, submitted that a

young woman has died in the matrimonial home and witnesses

have stated that she died due to hanging and also that the

husband of the deceased is a drunkard and used to regularly

assault the deceased and further, that without waiting for the Patna High Court CR. MISC. No.31680 of 2020 dt.05-03-2021

family of the deceased or the informant or the police, the body

was hurriedly burnt. It was submitted that the petitioners no. 1

and 3 being in the same house are equally responsible for the act

which clearly is a crime as death was not natural.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioners no.

1 and 3.

9. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T