Manjay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32481 of 2020 Arising Out of PS. Case No.-15 Year-2020 Thana- KATRA District- Muzaffarpur ====================================================== MANJAY SAHNI, Male, aged about 45 years, S/o Late Jagdish Sahani @ Jagdeesh Sahni, Resident of Village-Nawada, P.S.-Katara, DistrictMuzaffarpur. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Indu Devi, aged about 38 years, Female, W/o Manjay Sahni, Resident of Village-Nawada, P.S.-Katara, District-Muzaffarpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Ajay Kumar Jha, Advocate.

For the State :

Mr. Md. Sufiyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 498(A),379/34 of the I.P.C. and 3⁄4 of the D.P. Act.

Patna High Court CR. MISC. No.32481 of 2020(2) dt.08-12-2020 2/3 The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It is also alleged that the petitioner solemnized another marriage with one Suman Devi @ Afsana.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 23.01.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.32481 of 2020(2) dt.08-12-2020 3/3 A.C.J.M.-XIV, Muzaffarpur, in connection with Katra P.S. Case No. 15/2020.

If so advised, either of the parties will be at liberty to make an application before the court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) U.K./- U T