Birbal Sahani v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20591 of 2015 Arising out of PS.Case No. -135 Year- 2014 Thana -MOHAMMADPUR District- GOPALGANJ ====================================================== Birbal Sahani, Son of Parma Sahani, resident of Village - Barba Khurd, Police Station - Basantpur, District -Siwan.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Suman Devi, Wife of Birbal Sahani, at present resident of Village - Sallehpur, P.S. - Mahammadpur, District - Gopalganj. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar, Advocate. For the State : Mr. Bhanu Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2015 The petitioner is apprehending his arrest in connection with Mohammadpur P.S. Case No. 135 of 2014 for the offences instituted under Sections 498(A), 406, 337/34 of the Indian Penal Code and 3⁄4 of the D. P. Act.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that the informant Suman Devi was married to petitioner on 25.05.2009 in accordance with Hindu Religion and Rituals. It is further alleged that for want of dowry in the shape of motor cycle and cash Rs.50,000/- the victim- informant was used to subjected to various sorts of torture and cruelty and it went to the extent that on 12.10.2014 the accused persons tried to set her on fire by sprinkling Kerosene Oil and also tried to kill her by throttling her

Patna High Court Cr.Misc. No.20591 of 2015 (2) dt.02-07-2015 2 / 2 and lastly the kicked her out from the matrimonial house retaining her entire belongings.

It has been submitted on behalf of the petitioner that the petitioner is ready to keep the informant as his wife but the same is not acceptable to her. It is further submitted that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is ready to deposit amount of Rs. 1,000/- each month in the court below which may be released in favour of the informant. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the same, the petitioner is directed to deposit amount of Rs. 1,000/- each month in the court below which shall be released in favour of the informant, 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 in connection with Mohammadpur P.S. Case No. 135 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T