Bindu Sahani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46166 of 2015 Arising Out of PS.Case No. -161 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bindu Sahani Son of Chokat Sahani .... .... Petitioner/s

Versus

1. The State of Bihar

2. Amrit Sahani, Son of Narayan Sahani

3. Rinku Devi, Daughter of Amrit Sahani .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Smt.Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-09-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 323, 307, 379, 498A, 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. It is alleged that the accused persons made an attempt to kill the informant by causing burnt injuries and driven out the informant from the matrimonial house on 15.04.2012 for which the present FIR was registered on 12.05.2015. In the meantime, informant performed second marriage with one Devlal Sahani, son of late Manager Sahni, who filed informatory petition being Case No. 1053KM of 2015 on 25.05.2015, the same has been brought on record as

Patna High Court Cr.Misc. No.46166 of 2015 (2) dt.30-09-2015 2/2 annexure-2 to the petition and, subsequently, some reconciliation took place between the parties on 17.05.2015, the same has been brought on record as annexure-3 to the petition.

It is submitted by learned counsel for the petitioner that the marriage between the petitioner and the informant is not in dispute.

It is submitted by learned counsel for the informant that there is no dispute with regard to second marriage of the informant.

Considering the nature of accusation and delayed lodging of the FIR, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran in connection with Sugauli P.S. Case No.161 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T