Om Prakash Sahni v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1351 of 2015 Arising Out of PS.Case No. -2550 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Om Prakash Sahni, Son of Shri Raghu Nandan Sahni, Resident of Village - Karaila, Police Station - Pear, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kiran Devi, Daughter of Shatrughan Sahni, Resident of Village - Dhobouli, Police Station - Gaighat, District - Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-01-2015 Heard both sides.

The petitioner Om Prakash Sahni apprehends his arrest in Trial No. 2200 of 2014, arising out of Complaint Case No. 2550 of 2013, registered for the offences punishable under Sections 498A and 120B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The complainant Kiran Devi alleged that she is the legally wedded wife of the petitioner and she made allegation of demand of dowry and torture against the petitioner. Learned counsel for the petitioner submits that the complainant filed Complaint case no. 450 of 2002 (Annexure-2) and she alleged that she is the wife of Lakhindra Sahni. The

Patna High Court Cr.Misc. No.1351 of 2015 (2) dt.13-01-2015 Complaint Case No. 450 of 2002 was dismissed. Again the complainant filed a Complaint Case No. 1205 of 2006, alleging that she is the wife of Om Prakash Sahni and the same complaint petition was dismissed for non-prosecution on 23.11.2007. The complainant filed the present Complaint Petition in the year 2013 making same and similar allegation against the petitioner and his family members. Father, mother and other family members of the petitioner have already been enlarged on anticipatory bail.

Having considered the facts aforesaid and the fact that the complainant is in habit of filing complaint petition, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing 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, East Muzaffarpur in connection with Trial No. 2200 of 2014, arising out of Complaint Case No. 2550 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.)