Pawan Kumar Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1852 of 2020 Arising Out of PS. Case No.-124 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== PAWAN KUMAR SAHANI Son of Munnilal Sahani Resident of VillageMalahi Tola Ramgarhwa, P.S.-Ramgarhwa, District-East Champaran. Presently R/o Village-Raxaul Mauje, Ward No.20, New Bati, P.S-Raxaul, District-East Champaran.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Soni Kumari, Wife of Pawan Kumar Sahani, Daughter of Upendra Sahani Resident of Village-Malahi Tola, Ramgarhawa, P.S-Ramgarharhwa, DistrictEast Champaran. R/o Matrimonial Village-Raxaul Mauje Ward No.20, Raxaul, P.S.-Raxaul, District-East Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh, Advocate.
For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-10-2020 This matter has been taken up in virtual Court. Heard the parties.
Prayer is for grant of anticipatory bail in connection with Complaint Case No. C-124/2019 wherein cognizance has been taken under Sections 323 and 498A of the Indian Penal Code.
Vide order dated 15.06.2020, the case was sent for mediation before the Patna High Court Mediation Committee, however due to lock-down mediation could not be held. Considering the facts of this case, let the
Patna High Court CR. MISC. No.1852 of 2020(4) dt.09-10-2020 2/3 petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on provisional anticipatory bail for six months on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Complaint Case No. C124 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.
In the meantime, the petitioner and opposite party no.2 who is wife of the petitioner shall appear before the Court below and the Court below itself or through mediator shall take step for settlement of the dispute. If the petitioner would be found cooperative, the court below shall confirm the provisional
Patna High Court CR. MISC. No.1852 of 2020(4) dt.09-10-2020 3/3 anticipatory bail.
Accordingly, this application stands disposed of. (Birendra Kumar, J) mantreshwar/- U T