Mohi Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3821 of 2023 Arising Out of PS. Case No.-1330 Year-2020 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== MOHI SAHNI Son of Sirchan Sahni Resident of Vill.- Mohari, P.S.- Tariyani, Dist.- Sheohar.
... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Kumari Koshila Wife of Mohi Sahni D/o Jagat Sahni, Resident of Vill.- Parsauni Kapur, P.S.- Patahi, Dist.- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sangeet Deokuliar, Adv.
For the Opposite Party/s :
Mr.Akbar Ali, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2023 Heard learned counsel for the for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 323, 406/34, 494 of the Indian Penal Code.
Petitioner, who is husband of informant/complainant, is said to have tortured upon the complainant in association of his family members over the dowry demand. They ousted her from her matrimonial home.
It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor
Patna High Court CR. MISC. No.3821 of 2023(2) dt.10-02-2023 2/3 drove her out of her matrimonial home nor tormented her over the demand of dowry.
In that 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 six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Complaint Case No. 1330 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to the informant/complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant/complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
Learned Court below is directed to issue notice to
Patna High Court CR. MISC. No.3821 of 2023(2) dt.10-02-2023 3/3 informant/complainant for furnishing her bank account details. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant/complainant after she furnishes her bank account details.
If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) divyanshi/- U T