Bikku Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4061 of 2025 Arising Out of PS. Case No.-173 Year-2023 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Bikku Sahni S/O Nirmal Sahni Resident of Village- Pahetiya, Police StationHajipur Sadar in the District of Vaishali. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Alka Kumari wife of Bikku Sahni, Daughter of Gariban Sahni Resident of Village-Kiratpur Raja Ram, Police Station- Bhagwanpur, District Vaishali. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar For the Opposite Party/s :
Mr.Humayou Ahmad Khan Mr. Rajeev Ranjan No. II ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code.
3. The prosecution case is based upon a complaint filed by the opposite party no. 2 in which she has made an allegation of demand of dowry and torture. Petitioner is the husband of opposite party no.2.
4. The matter had been referred to the Patna High Court Mediation and Conciliation Centre for amicable settlement of disputes between the parties. It appears from the mediation
Patna High Court CR. MISC. No.4061 of 2025(4) dt.05-08-2025 2/3 report that vide a memorandum of agreement dated 18.07.2025 passed in Mediation Proceeding No. 687 of 2025, the parties have resolved their differences and the petitioner had taken the opposite party no. 2 along with him. Learned counsel for the petitioner submits that as a matter of fact, the opposite party no. 2 is still staying in the house of the petitioner while the petitioner has gone out for job purposes.
5. Learned counsel for the opposite party no. 2, however, admits that the opposite party no. 2 is staying in the house of the petitioner but also raises an objection that the petitioner has performed another marriage and has gone away with his second wife.
6. At this stage, the petitioner offers to give Rs.2000/- (rupees two thousand) per month to opposite party no.2 in the first week of every month for the expenses of the child. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.
7. In such view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/-
Patna High Court CR. MISC. No.4061 of 2025(4) dt.05-08-2025 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Vaishali Complaint Case No. 173 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., and subject to the further condition that the petitioner shall cooperate in the investigation/trial.
8. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party no.2 would be at liberty to file cancellation of bail.
9. Accordingly, this application stands disposed of. (Soni Shrivastava, J) devendra/- U T