Deepak Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38315 of 2019 Arising Out of PS. Case No.-1753 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Deepak Sahani, Son of Raj Kumar Sahani, Resident of Village- Dhelua, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sudha Devi, Wife of Deepak Sahani, D/o Faguni Sahani, Resident of Village- Budhnagra Radhga, P.S.- Mushari, District- Muzaffarpur, Pin843123. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1753 of 2017, disclosing offences under Sections 323, 498A and 506 of IPC. Allegation against the petitioner is of demand of one motorcycle and due to non-fulfillment of said demand, assaulting the informant and lastly she ousted from her matrimonial house. Further case is that the family members of the complainant tried to pacify the matters, but their signatures was obtained on the blank papers. She was threatened by different mobile numbers.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted. As a matter of

Patna High Court CR. MISC. No.38315 of 2019(4) dt.05-09-2019 2/2 fact, she does not want to reside with him and before the learned Sessions Judge, she has stated that she does not want to live with the petitioner and wants divorce, which will appear from the impugned order.

Heard learned counsel for the opposite party no.2, who has submitted that due to cruelty meted out to her, she does not want to live with the petitioner and wants one time settlement in this case.

Having heard both sides, considering the facts as stated above, this application is allowed. The provisional bail granted to the petitioner, vide order dated 27.06.2019 is confirmed with the condition that if the opposite party no.2 files any maintenance case or any other case, on service of personal notice to him, he has to appear and co-operate in disposal of the same.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T