Budhan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40029 of 2025 Arising Out of PS. Case No.-501 Year-2020 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== BUDHAN SAHNI S/o Vatau Sahni @ Late Vatau Sahni @ Late Batab Sahni R/o Village- Malpur, P.S.- Dalsingsarai, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Vibha Devi W/o Budhan Sahni D/o Ramfal Sahni , R/o Village- Dhobopur Bansara, P.S.- Hayaghat, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-09-2025

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the O.P. No.2.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code.

3. The petitioner in compliance of the order dated 01.09.2025 is present in the Court.

4. Learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the instant case by the O.P. No.2. It is next submitted that when the case was taken up on 01.09.2025, a specific submission was

Patna High Court CR. MISC. No.40029 of 2025(4) dt.15-09-2025 2/3 made on behalf of the petitioner that he is willing to keep the O.P. No.2 with full dignity and honour. It is next submitted that a submission on behalf of the O.P. No.2 was also made that even O.P. No.2 is willing to accompany the petitioner to her matrimonial home rather she will accompany the petitioner from the court premises itself as such the court had directed that both petitioner and the O.P. No.2 to remain physically present before the court today. It is next submitted that though petitioner is present but then O.P. No.2 has not come. The petitioner, who is present in the Court submits that it was at his instruction that a submission was made by the learned counsel appearing on behalf of the petitioner that he is willing to keep the O.P. No.2 with honour and dignity as he was aware that O.P. No.2 shall never accompany him for the reason that she has performed her second marriage. It is further submitted that for this reason only the O.P. No.2 has not appeared today despite order dated 01.09.2025.

5. Learned counsel appearing on behalf of the O.P. No.2 submits that he had intimated the order dated 01.09.2025 to the O.P. No.2 and she had conveyed that she will be present in the Court but then for reasons best known, she has not appeared.

Patna High Court CR. MISC. No.40029 of 2025(4) dt.15-09-2025 3/3

6. Considering the submissions made by the learned counsel for the petitioner and also taking into consideration the submission made by the petitioner, in person, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with C.R. Case No.501/2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T