Ramjee Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42090 of 2025 Arising Out of PS. Case No.-1905 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Ramjee Sahni, Son Of Vijay Sahni Resident Ofvillage- Bulakipur, P.S.- Dalsingsarai, Distt.- Samastipur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sunita Kumari W/o- RAmjee Sahni, D/o- Vishnudev Sahni Village- Lat Basepura Tole- Chainpur Ps- Mushrigharari Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Praveen For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-10-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 323, 379, 506 and 498(a) of the Indian Penal Code and Sections 3 and 4 of the D. P. Act.
3. The case was taken up on 09.07.2025, when notices were issued on opposite party no.2.
4. From perusal of the office report dated 13.10.2025, it manifests that the notice has been received by the sister of opposite party no.2.
5. Since the notice has been received by sister of
Patna High Court CR. MISC. No.42090 of 2025(4) dt.15-10-2025 2/3 opposite party no.2, as such, it is deemed to be validly served.
6. The learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the instant case by the opposite party no.2. It is further submitted that petitioner was always willing to restitute his conjugal rights, but then, opposite party no.2 performed her second marriage. It is further submitted that at Para-10 of the anticipatory bail application, it has been specifically pleaded that from reliable sources petitioner came to know that complainant has performed her second marriage with one Ashish Kumar Sahni, son of Late Ashok Sahni, resident of village Chandpura, Ward No.6, P.S. Chanpura, District- Begusarai, 851131 and presently she is living in her new matrimonial house along with her husband and kids.
It is also submitted that in support of the same produces the Aadhar Card of the opposite party no.2 wherein her address is mentioned:- C/o Ashish Kumar, Ward No.08, Chandpura, P.O. Chandpura, District- Begusarai. Further, also produces the saving bank account number of the opposite party no.2 with Punjab National Bank wherein the same address is recorded. It is submitted that inadvertently at Para-10, ward no.6 has been mentioned instead of ward no.8.
7. Learned A.P.P. opposes the anticipatory bail
Patna High Court CR. MISC. No.42090 of 2025(4) dt.15-10-2025 3/3 application.
8. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Samastipur in connection with Complaint Case No.1905 of 2019, Trial No. 1740 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
9. The application stands allowed.
10.
However, it is made clear that the opposite party no.2 shall be at liberty to file an application seeking cancellation of anticipatory bail of the petitioner, in the event, if she has not performed her second marriage.
(Satyavrat Verma, J) vikash/- U T