Shyamlal Sahni @ Shyamlal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35825 of 2019 Arising Out of PS. Case No.-210 Year-2017 Thana- AANDAR District- Siwan ====================================================== Shyamlal Sahni @ Shyamlal Prasad, Son of- Khedan Sahni, Resident of Village- Balli, P.S.- Hussainganj, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rani Devi, D/O- Radheyshyam Sahni, Resident of Village- Mahmoodpur, P.S.- Andar, District- Siwan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2019 This is an application for grant of anticipatory bail in connection with Andar P. S. Case No. 210 of 2017, disclosing offences under Sections 323, 341, 307, 498A, 406, 494 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of demand of Rs.1,00,000/- and a motorcycle and for that, assaulted and tortured her. Further allegation is that petitioner has married with another lady.

Submission of the learned counsel for the petitioner is that the allegation is false and concocted and as a matter of fact, the complainant has married with another person. Further submission is that he is ready to keep her, if she desires to live with him.

Patna High Court CR. MISC. No.35825 of 2019(5) dt.13-09-2019 2/2 Heard learned A.P.P. also.

In this case, notice was issued to the opposite party no.2 and it appears that she has received the notice, but neither she appeared in person nor filed any vakalatnama in this case. Having heard both sides, considering the above submissions, this application is allowed. Let the petitioner, above named, surrender before the court below within two weeks from the date of receipt of certified copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M., Siwan, in connection with Andar P. S. Case No. 210 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that if the opposite party no.2 is ready to reside with him, he has to keep her with dignity and care. (Vinod Kumar Sinha, J) Sunil Shukla/- U T