Bhola Sahni @ Bhola Kumar Sahani v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10250 of 2019 Arising Out of PS. Case No.-1914 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Bhola Sahni @ Bhola Kumar Sahani, age about 36 Years, Gender-Male, Son of Rajdeo Sahni, Resident of Village - Tetariya Kothiya, P.S.- Madhuban, Dist. - East Champaran.

... ... Petitioner

Versus

1. The State Of Bihar.

2. Sona Devi, Wife of Bhola Sahni, Resident of Village - Tetariya Kothiya, P.S.- Madhuban, Dist. - East Champaran, At Present - Sona Devi, D/O.- Bhagwan Sahni, Resident of Village - Bahuaraman, P.S.- Madhuban, Dist.- East Champaran.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Ajay Kumar Singh, Advocate.

For the State :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 420, 120(B) of the IPC and 3⁄4 of the D. P. Act in which cognizance has been taken under Section 498(A) of the IPC and 3⁄4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry.

Patna High Court Cr.Misc. No.10250 of 2019(2) dt.21-02-2019 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. On the earlier occasion also, the complainant had filed a complaint case against the petitioner for the similar offence. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Sadar, Motihari, East Champaran, in connection with Tr. No. 2052 of 2018, arising out of Complaint Petition Case No. 1914

Patna High Court Cr.Misc. No.10250 of 2019(2) dt.21-02-2019 3/3 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T