Santosh Kumar Sahani @ Santosh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6050 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- KOTWA District- East Champaran ====================================================== SANTOSH KUMAR SAHANI @ SANTOSH SAHANI S/O SATYA NARAIN SAHANI @ CHHAKAN SAHANI R/O VILLAGE- KAJAHIA, P.S- KOTWA, DISTT.- EAST CHAMPARAN.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RENU DEVI W/O SANTOSH KUMAR SAHANI @ SANTOSH SAHANI R/O VILLAGE- KAJAHIA, P.S- KOTWA, DISTT.- EAST CHAMPARAN. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State

2. The petitioner apprehends his arrest in connection with Kotwa P.S. Case No. 81 of 2023, registered for the offences under Sections 341, 323, 498(A), 328, 504, 34 of the Indian Penal Code.

3. Allegation is of matrimonial cruelty and demand of dowry against this petitioner.

4. Learned counsel for the petitioner, while denying the allegations made in the F.I.R., submits that petitioner has

Patna High Court CR. MISC. No.6050 of 2024(6) dt.29-07-2024 2/2 been falsely implicated in this case merely because he is husband of the opposite party no. 2. Learned counsel further submits that informant/opp.party no. 2 is in habit of filing such cases. Earlier, she has filed Kotwa P.S. Case No. 232 of 2022 and Kotwa P.S. Case No. 361 of 2022, having similar allegation. At present, the opposite party no. 2 is living with her boy-friend at Delhi and as such, petitioner filed a divorce case, vide Divorce Case No. 203 of 2022, and only after coming to know about the aforesaid divorce case and to create a defence, the present case has been lodged by the opposite party no. 2. Moreover, the case is triable by the learned Magistrate.

5. Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari (East Champaran) in connection with Kotwa P.S. Case No. 81/2023, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T