Raju Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18761 of 2015 Arising Out of PS.Case No. -238 Year- 2014 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Raju Sahni. son of Tuna Sahni. Resident of village - Baliya, Police Station - Desari (O.P. Sahdei Buzurg), in the District of Vaishali. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Ms. Rita Verma(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-06-2015 Heard both sides.

The petitioner seeks bail in a case under Sections 498A and 304B of the Indian Penal Code.

The wife of the petitioner filed a complaint petition on the basis of which the present F.I.R. was lodged. The complainant alleged that her husband subjected her to all sorts of torture and drove her from the matrimonial house on 5.9.2014 and thereafter she filed a complaint petition.

It is submitted that the complainant died in her parents' house and not at the house of the petitioner. The complainant was under treatment of Dr.Vijay Prakash and during the treatment she died. The police after investigation submitted charge-sheet under Section 304B of the Indian Penal Code only because the

Patna High Court Cr.Misc. No.18761 of 2015 (2) dt.15-06-2015 complainant/informant died within seven years of her marriage on account of ill-treatment at the hands of the petitioner. On the other hand, learned counsel for the informant vehemently opposed the prayer for bail and submitted that the petitioner always subjected his wife to physical and mental torture. The petitioner did not provide her food and consequently she died. It appears that the complainant of course alleged that her husband ill-treated her and subjected her to physical and mental torture but she did not allege any assault at the hands of the petitioner. Admittedly the informant died at her Naihar as she was suffering from different ailments. The petitioner being the husband of the informant is in jail since 8.12.2014.

Considering the facts aforesaid, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali, in connection with Desari P.S.Case No. 238 of 2014. (Prabhat Kumar Jha, J) spal/- U