Bindeshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28259 of 2025 Arising Out of PS. Case No.-1739 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Bindeshwar Sahni S/o- Son of Late Yadu Sahni Village- Belari Ps- Ujiyarpur Dist- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bharti Devi W/o- Bindeshwar Sahni Village- Belari Ps- Ujiyarpur DistSamastipur, A/P- Ghoghraha Ps- Chakmehshi Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Hussamuddin Azad, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and the State. Despite valid service of notice, nobody appears for opposite party no.2.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 323, 354, 379, 498A, 504 and 34 of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.

3. As per the prosecution case, petitioner was married to opposite party no.2 in 2003. After sometime, petitioner and his family members started demanding a motorcycle and Rs. 50,000/- as dowry and on non-fulfilment of demand of dowry, accused persons committed torture on opposite party no.2 and ousted her from the matrimonial house.

4. Learned counsel appearing for the petitioner while denying the allegations, submits that the petitioner has falsely been implicated in this case because he is husband of the

Patna High Court CR. MISC. No.28259 of 2025(4) dt.16-09-2025 2/2 victim. Out of the wedlock, petitioner has three children who are living with him. However, petitioner is ready to keep the victim in matrimonial house with honour and dignity. Learned counsel submits that the case is triable by the Magistrate. Petitioner has relied upon judgment of this Court, passed in case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

5. Considering the aforesaid facts and circumstances of the case as also the judgment of this Court, in the event of arrest or surrender within eight weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Samastipur in CR No. 1739 of 2015, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T