Chandra Kishore Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35491 of 2019 Arising Out of PS. Case No.-1242 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Chandra Kishore Sahni ... ... Petitioner/s

Versus

1. The State of Bihar

2. Tetar Devi, W/o Chandra Kishore Sahni ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The prayer for Anticipatory bail is made by the petitioner who apprehends his arrest in connection with Complaint Case No. 1242/2017 ( Trial No. 1678 of 2018), registered for offence punishable under Section 498A of the Indian Penal Code.

As per allegation in the Complaint petition, the marriage of the Complainant was solemnized in the year 1987. It is alleged that the accused persons started to torture the Complainant soon after marriage and started making demand of bufallow and Rs. 50,000/- It is alleged that the husband of the complainant

Patna High Court CR. MISC. No.35491 of 2019(2) dt.04-06-2019 2/3 married a second time and used to regularly assault the Complainant and on 03.06.2017 the petitioner also assaulted and abused her brother.

It is submitted by the learned counsel for the petitioner that the marriage between the petitioner and the complainant took place in the year 1987, i.e. more than 30 years ago. The learned court below after inquiry has been pleased to take cognizance only against the petitioner under Section 498 A of the Indian Penal Code. The allegation of torture and demand of dowry, are false and concocted. The complainant and the petitioner happens to be the parents of two sons and it is stated that the complainant has also filed a Maintenance Case against the petitioner.

Having heard learned counsel for the parties and considering the facts that the marriage between the complainant and the petitioner took place more than 30 years back in the year 1987, they are parents of two sons, the petitioner has no criminal antecedent and after inquiry, learned Court below has pleased to take cognizance under Section 498 A of the Indian Penal Code, the petitioner, in the event of his arrest or surrender in the court below within a period of six weeks from today in connection with Complaint Case No. 1242 of 2017 (Trial No.

Patna High Court CR. MISC. No.35491 of 2019(2) dt.04-06-2019 3/3 1678 of 2018) is directed to 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 Sub -Judge-X-cum Additional Chief Judicial Magsitrate, Muzaffarpur. (Partha Sarthy, J) sudha/- U T