Shivji Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26673 of 2020 Arising Out of PS. Case No.-254 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== SHIVJI SAHANI Son of Birbal Sahani Resident of Village- Hatha, P.S.- Piyar (O.P. Sakri), District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Champa Devi W/o of Shivji Sahani and daughter of Lala Sahni Resident of Village- Pilki, P.S.- Sakra, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-10-2021 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case 254 of 2017 registered for the offences punishable under Sections 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

It is a case of matrimonial dispute. The order dated 26.02.2021 reveals that opposite party no. 2 has personally received the notice but up till now none appears on her behalf. Learned counsel for the petitioner has submitted that both the parties have compromised the case and Zerox- copy of the joint petition with thumb impression by both the parties has

Patna High Court CR. MISC. No.26673 of 2020(6) dt.27-10-2021 2/2 been filed as Annexure -B to this petition and they did not want to pursue the same.

Considering the aforesaid facts and circumstances as well as submissions of the parties, that both the parties have compromised the dispute, let the petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Magistrate, East Muzaffarpur in Trial no. 2401 of 2019 arising out of Complaint Case no. 254 of 2017 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Nawneet Kumar Pandey , J) N.K/- U T