Amit Raj @ Guddu Sahni v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.4216 of 2017 (4) dt.19-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4216 of 2017 Arising Out of PS.Case No. -1049 Year- 2015 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Amit Raj @ Guddu Sahni, Son of Mahendra Sahni, Resident of Village Gadhpura, Police Station- Gadhpura, District Begusarai, at present resident of Jamalpur Bazar, Police Station Gogri, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dauli Kumari, Daughter of Sunil Mandal, resident of Village Mushkipur Kothi, Ward No. 20, Police Station Gogri, District Khagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh, Advocate For the Opposite Party/s : Mr. Sri Ahmad Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-06-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 1049C of 2015, disclosing offences under Sections 498A of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, earlier the petitioner himself had filed an application under Section 9 of Hindu Marriage Act bearing Matrimonial Case No. 61 of 2015 prior to filing of the present complaint case by the complainant. Moreover, the

Patna High Court Cr.Misc. No.4216 of 2017 (4) dt.19-06-2017 complainant herself denied her relation with petitioner and admitted the lover affair with one Sonu Kumar, which is evident from Annexure-3. On account of earlier case, the petitioner has been falsely implicated in this case. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Khagaria in connection with Complaint Case No. 1049C of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Brajesh/- U T