Vijay Sahni v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19231 of 2017 Arising Out of PS.Case No. -1211 Year- 2016 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Vijay Sahni, son of Laxman Sahni, R/o Village- Lauwadih, Sunderpur Tola, P.S.- Nanpur, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Vineeta Devi, daughter of Rabindra Sahni, R/o Village- Radhaur, P.S.- Sursand, District- Sitamarhi.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-07-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. C1-1211/2016, registered for the offences punishable under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

The complainant earlier filed Mahila P.S. Case No. 06/2016 under Section 498A and other Sections of the Indian Penal Code, but the police after investigation did not find accusation true against the petitioner. The police found that the informant solemnized marriage with another man, but the informant filed protest petition.

Patna High Court Cr.Misc. No.19231 of 2017 (3) dt.11-07-2017 2/2 Learned counsel for the petitioner submits that the petitioner is ready to keep his wife on any undertaking. Learned counsel for the complainant submits that the complainant is also ready to live with her husband. Considering the facts aforesaid, the petitioner, above named, is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for four months, after issuing notice to the complainant, on furnishing the bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Pupari at Sitamarhi in connection with Complaint Case No.

C1-1211/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C and the court below shall make efforts for reconciliation between the husband and the wife. If the petitioner keeps his wife properly, the learned court below shall confirm the provisional bail of the petitioner and if the petitioner fails to keep his wife properly, the court below shall pass order in accordance with law on the provisional bail of the petitioner after expiry of four months. (Prabhat Kumar Jha, J.)