Jitan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35457 of 2021 Arising Out of PS. Case No.-52 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== JITAN SAHANI Son of Gama Sahani Resident of Village - Noneya Dhab Tola, P.S.- Paharpur, District - East Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Suryamukhi Devi, D/o-Shivdhari Sahni, Wife of Jitann Sahni, resident of Noutan Tola, P.S. Noutan, District West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prateek Tandon For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State through video conferencing.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 324, 498A and 504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home along with her son in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has

Patna High Court CR. MISC. No.35457 of 2021(5) dt.08-04-2022 2/2 committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. Learned counsel for the petitioner further submitted that as per his instruction opposite party no.2 is living with her husband. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari in connection with Paharpur P.S. Case No.52 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., The learned Court below is directed to accept the bail bond of the petitioner after satisfying himself that opposite party no.2 is living with petitioner, as submitted by learned counsel for the petitioner.

(Anjani Kumar Sharan, J) Trivedi/- U T