Rajesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25307 of 2019 Arising Out of PS. Case No.-15 Year-2018 Thana- MAHILA P.S. District- Samastipur ====================================================== RAJESH SAHNI Son of Kailash Sahni, Resident of Village-Maksudanpur Bhadeaya, P.S-Mohiuddin Nagar, District-Samastipur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rinku Devi Wife of Rajesh Sahni Resident of Village-Maksudanpur Bhadeaya, P.S-Mohiuddin Nagar, District-Samastipur. At present Residing at Resident of Village and P.O-Aahmadpur, P.S-Sarairanjan, DistrictSamastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and learned APP for the State as also for the opposite party no. 2. The petitioner in the present case is seeking anticipatory bail in connection with Mahila P.S. Case No. 15 of 2018 registered for the offences punishable under Sections 341, 323, 307, 379, 498A/34 of the Indian Penal Code. Learned counsel for the petitioner as well as the Opposite Party No. 2 submit that both the parties are willing to live together and lead a happy conjugal life. The petitioner is willing to go to the house of the opposite party no. 2 to bring her back to matrimonial home.

Learned counsel for the O. P. No. 2 submits that if the

Patna High Court CR. MISC. No.25307 of 2019(3) dt.29-07-2019 2/2 petitioner visits the house of O. P. No. 2, she will definitely accompany him and will ensure that she lives in the matrimonial home with all compatibility with the petitioner. In the aforesaid view of the matter, the petitioner undertakes to visit the house of O. P. No. 2 within a period of two weeks from today and shall bring the O. P. No. 2 back in matrimonial home and shall keep her with all dignity and care. In the aforesaid view of the matter, let the petitioner above named in case of his arrest or surrender within a period of four weeks from today in connection with Mahila P.S. Case No. 15 of 2018 be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of Sri Rakesh Ranjan, J. M. Mist Class, Samastipur, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

It is made clear that if the petitioner fails to abide by his promise to bring back O. P. No.2 in the matrimonial home, it will be open for O. P. No. 2 to move an application for cancellation of bail provided she does not refuse to accompany the petitioner on his request.

(Rajeev Ranjan Prasad, J) avin/- U T