Tilak Chand Sahani v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17221 of 2019 Arising Out of PS. Case No.-1127 Year-2015 Thana- COMPLAINT CASE District- Supaul ====================================================== Tilak Chand Sahani, Son of Bihar Sahni Resident of Village- Belaganj, P.S.- Bhimpur, District- Supaul.

... ... Petitioner

Versus

1.

The State Of Bihar, 2.

Bhukhani Devi, Wife of Upendra Sahni Resident of Belaganj, P.S.- Bhimpur, District- Supaul ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Usha Rai For the Opposite Party/s :

Mr.Bharat Bhushan, App ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the complainant/O.P. No.2 and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1127 (C) of 2015, registered under Sections 498(A) and 323 of the Indian Penal Code. The accusation is that the marriage of the complainant/O.P. No.2 was performed with Upendra Sahni and she was blessed with three children due to their wedlock. The husband of the complainant Upendra Sahni used to reside in Punjab for his livelihood, where he developed relation with one Rekha Devi, who had already five children. The

Patna High Court CR. MISC. No.17221 of 2019(3) dt.17-05-2019 2/3 complainant/O.P. No.2 used to reside in her Sasural in the house constructed under Indira Awas Scheme. Her father-inlaw (petitioner) got executed the sale deed in respect to that house from her father in law and also managed to take loan of Rs. One lakh from SBI, Bhimpur in his name later on, she was removed from matrimonial house.

Learned counsel appearing on behalf of the petitioner submits that petitioner is the brother-in-law of the complainant/O.P. No.2 and he has falsely been implicated in this case due to family property dispute.

On the other hand, learned counsel appearing on behalf of the complainant/O.P. No.2 opposed the prayer for pre-arrest bail and submits that complainant/O.P. No.2 was being tortured by her in-laws and she was forced to leave her matrimonial house.

Having regard to the facts and circumstances of the case, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul in connection with Complaint Case No. 1127 C of 2015,

Patna High Court CR. MISC. No.17221 of 2019(3) dt.17-05-2019 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T