Lakhindra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42098 of 2025 Arising Out of PS. Case No.-2220 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Lakhindra Sahni S/o Late Suddi Sahni Village- Jagdishpur, Panchayat and P.O.- Musapur, P.S.- Sarairanjan (Ghatho O.P.), Dist.- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Munni Devi W/o Lakhindra Sahni Village- Jagdishpur, P.O.- Musapur, P.S.- Sarairanjan (Ghatho O.P.), Dist.- Samastipur. At Present D/o Ram Sahni, R/o Vill.- Dulaur, P.S.- Jandaha, Dist.- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surya Narayan Roy, Advocate.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-07-2025 Heard Mr. Surya Narayan Roy, learned counsel appearing on behalf of the petitioner and Mr. Ramchandra Sahni, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with C. R. Case No. 2220 of 2019 registered for the offence punishable under Section 498(A) of the Indian Penal Code.

3. The matter relates to matrimonial dispute between the petitioner and the opposite party no.2 who are husband and wife. The allegation is of subjecting the opposite party no.2 to various sorts of torture due to non-fulfillment of demand of dowry.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.42098 of 2025(2) dt.16-07-2025 2/3 petitioner submitted that the petitioner is innocent and has not committed any offence as alleged in the complaint. He further submits that anticipatory bail has been allowed to the petitioner on the basis of compromise by the learned District Court, but the petitioner could not furnish the bail bond. The petitioner has specifically stated in Para-9 of the bail application that he is ready to keep his wife with full honour and dignity and two children born out of their wedlock require affection of both mother and father and for this reason also, the petitioner deserves to be released on pre-arrest bail, as he owes the responsibility to give proper education to his two children and bear financial expenses which is required to be spent on their food, as well as, well being.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made in the complaint, as well as, the fact that the petitioner owes the responsibility to take care of his two children and also he has stated in Para-9 of the bail application that he is ready to keep his wife with full honour and dignity, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period

Patna High Court CR. MISC. No.42098 of 2025(2) dt.16-07-2025 3/3 of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th ACJM, Samastipur in connection with C.R. Case No. 2220 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T