Krishnandan Sah @ Krishnandan Sah Soni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42784 of 2023 Arising Out of PS. Case No.-1715 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Krishnandan Sah @ Krishnandan Sah Soni aged about 29 years son of Laxmi Sah Soni resident of village Haraj Police Station Sikarganj District East Champaran ... ... Petitioner
Versus
1. The State Of Bihar
2. Chanda Devi, Daughter Of Shankar Sah Resident Of Village Pakadidayal Tola Jagtiya Police Station Pakadidayal, District East Champaran ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr.Abhishek Kumar, Advocate For the Opposite Parties :
Mr.Ajay Kumar Jha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 379, 498A,323 of the Indian Penal Code.
3. As per the prosecution case, petitioner along with other family members committed torture on the informant's daughter due to non-fulfilment of dowry demand.
4. Learned counsel appearing for the petitioner while denying the allegations, refers to paragraph 8 of the bail petition and submits that during pendency of the bail petition, opposite party no.2 has solemnized second marriage with one Rakesh Sah son of Satya Narayan Sah, resident of village Rashmandal Damodarpur Police Station Pipra, District East
Patna High Court CR. MISC. No.42784 of 2023(2) dt.31-07-2023 2/2 Champaran. It is also the case of the petitioner is that 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.
5. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six 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 Judicial Magistrate 1st class, Motihari, East Champaran in Complaint Case No. C1715/2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T