Baidya Nath Kumar Sahni @ Baidya Nath Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6830 of 2017 Arising Out of PS.Case No. -164 Year- 2015 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Baidya Nath Kumar Sahni @ Baidya Nath Kumar, son of Shiv Nandan Sahani, resident of village- Somnaha Ghat, P.S. Chakmehsi, DistrictSamastipur .... .... Petitioner

Versus

1. State of Bihar

2. Shabnam Kumari, daughter of Suresh Chaudhary, resident of villageBhadoghat, P.S. Warisnagar, District- Samastipur .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Warisnagar P.S. Case No. 164 of 2015 for the offences instituted under Sections 498A, 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

The allegation against the accused persons including the petitioner is of subjecting mental and physical torture upon the informant for demand of motorcycle and cow and lastly on 27.04.2015, she has been ousted from her matrimonial home. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.6830 of 2017 (2) dt.13-02-2017 2/2 petitioner has falsely been implicated in the present case. From the order of the Sessions Court, it is evident that the informant does not want to live with the petitioner.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Warisnagar P.S. Case No. 164 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T