Virendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20519 of 2023 Arising Out of PS. Case No.-460 Year-2022 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== VIRENDRA SAHANI S/O- SHATRUDHAN SAHANI Mohalla- Chandwara Penikal Chowk East of House of DIG Nagendra Choudhary Ps- Town DistMuzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Muzaffarpur Town P.S. Case No. 460 of 2022 registered for the offence under Section 376, 120B of the Indian Penal Code. The prosecution story in short is that the complainant solemnized her marriage with Dharmendra Sahani on 19.04.2017 but unfortunately her husband died on 31.04.2020 thereafter the petitioner made physical relation with the complainant on the pretext of marriage and whenever the complainant asked for marriage, the petitioner used to ignore her. On 26.01.2016, the complainant/informant gave birth to a

Patna High Court CR. MISC. No.20519 of 2023(2) dt.22-05-2023 2/2 male child. When the complainant asked the petitioner to marry, the petitioner threatened her to kill.

Learned counsel for the petitioner submits that the petitioner is in custody since 13.10.2022 and the petitioner is innocent and has falsely been implicated in this case. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the aforesaid facts and the period of custody, this application for regular bail is allowed. Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and 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. Muzaffarpur/concerned Court below in connection with Muzaffarpur Town P.S. Case No. 460 of 2022. The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on their absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below. (Sandeep Kumar, J) Shishir/- U T