Patna High CourtCR. MISC./18420/2015bail granted

Sanjay Sah v. State Of Bihar And ANR

2015-07-02Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.18420 of 2015 (2) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18420 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -MAHILA PS District- GOPALGANJ ====================================================== SANJAY SAH, S/O SRI LATE SONA SAH, RESIDENT OF VILLAGE - DUBAULI, P.S. BAIKUNTHPUR, DISTRICT- GOPALGANJ .... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR

2. MEENA DEVI, W/O SANJAY SAH, D/O UDHO PRASAD SAH RESIDENT OF VILLAGE- KRITPURA, P.S.- BAIKUNTHPUR, DISTT.- GOPALGANJ.

.... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gopalganj Mahila P.S. Case No. 07 of 2015 registered under Sections 498A and 406/34 of the Indian Penal Code. The accusation is of torturing of informant, Meena Devi, by her husband and in-laws for non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that, in fact, marriage of the petitioner was performed with the opposite party no. 2, who used to torture the petitioner and giving threatening for

Patna High Court Cr.Misc. No.18420 of 2015 (2) dt.02-07-2015 suicide, thereafter petitioner filed Divorce Case bearing M.M. No. 127 of 2007 which was decreed ex-parte on 08.11.2011 in the court of Principal Judge, Family Court, Gopalganj, with direction to the petitioner to pay an amount of Rs.3,00,000/- as permanent alimony to the opposite party no. 2. Thereafter, petitioner filed an application in that case for appearance of the opposite party no. 2 to take the aforesaid amount (permanent alimony) but the opposite party no. 2 refused to receive the permanent alimony and filed present complaint case with false allegation.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of 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 learned S.D.J.M., Gopalganj, in connection with Gopalganj Mahila P.S. Case No. 07 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.