Patna High CourtCR. MISC./24038/2017bail granted

Sanjay Sahni v. State Of Bihar And ANR

2017-07-06Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24038 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Sanjay Sahni S/o Rajendra Sahni Resident of Village Kanhauli Bishanparsi, P.S. - Mahua, Dist. Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Aradhna Kumari W/o Sanjay Sahni Resident of Village Kanhauli Bishanparsi, P.S. - Mahua, District - Vaishali. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vasant Vikas For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-07-2017 Heard.

Apprehending his arrest in Mahua P.S. Case No. 52 of 2017 registered under sections 498-A & 307 IPC, the petitioner has filed the present application for grant of anticipatory bail. It is stated that the marriage with the informant was solemnized in 2009 whereas the present FIR has been lodged on 03.03.2017. Prior thereto, a complaint was lodged by the informant in 2013 wherein this Court granted the provisional bail to the petitioner and by order dated 27.08.2014 (Annexure-4) the provisional bail was confirmed on payment of Rs. 3,50,000/-. In the meantime, the informant also filed a case under the Protection of women from the Domestic Violence Act whereunder the

Patna High Court Cr.Misc. No.24038 of 2017 (2) dt.06-07-2017 2/2 petitioner paid her a sum of Rs. 90,000/-. She has also been permitted to live in one of the rooms in her Sasural. The petitioner has not disturbed her in residing in one of the rooms in his house. It is also submitted that the informant also filed a maintenance proceeding in the court whereunder the petitioner is paying the amount as directed by the court. The petitioner, in these background, filed a divorce case against the informant in 2013 which is pending.

Considering the facts narrated by the petitioner, I am inclined to extend him the privilege of anticipatory bail. Let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of CJM, Vaishali at Hajipur in Mahua P.S. Case No. 52 of 2017 on condition that one of the bailors shall be his own/close family member.

(Kishore Kumar Mandal, J) HR/- U T