Mahesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43547 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- MAHILA P.S. District- Samastipur ====================================================== Mahesh Sahni Son of Late Ramji Sahni Resident of Village - Balbhadrapur, Mehsi Tole Tanra, P.S.- Sarairanjan, Dist.- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Parmila Devi Wife of Mahesh Sahni Resident of Village - Balbhadrapur, Mehsi Tole Tanra, P.S.- Sarairanjan, Dist.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-07-2019 Heard both sides.

The petitioner apprehends his arrest in Samastipur Women P.S. Case No.14 of 2019 registered under Sections 498A, 494, 379 and other Sections of the Indian Penal Code. The informant alleged that earlier she was married to Lalu Sahni but her husband deserted her and solemnized another marriage. She got a child from her first marriage. Mahesh Sahni solemnized marriage with the informant. She further alleged that she went to Delhi to earn her livelihood and she purchased a piece of land there but her husband (petitioner) persuaded her to sell the land and settle at her native place. The informant sold the land and handed over money to the petitioner but the

Patna High Court CR. MISC. No.43547 of 2019(2) dt.16-07-2019 2/2 petitioner and his second wife assaulted the informant. Learned counsel of the petitioner submits that the petitioner never solemnized any marriage with the informant. The informant is sister-in-law (wife of elder brother of petitioner). On account of some dispute with regard to partition of property, the informant lodged the case making false and frivolous allegation.

Having considered the facts and the nature of allegation made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 learned Judicial Magistrate, 1st Class, Samastipur in connection with Samastipur Women P.S. Case No.14 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T