Bismbhar Sahni @ Vishambhar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45248 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- MAHILA PS District- Darbhanga ====================================================== 1.

BISMBHAR SAHNI @ VISHAMBHAR SAHNI, Male, Aged about 58 years, Son of Late Sitaram Sahni 2.

Lukhiya Devi @ Mukhiya Devi, Female, Aged about 54 years, Wife of Bismbhar Sahni @ Vishambhar Sahni Both Resident of Village - Rambagh Mahadauli, Subhankarpur, P.S.- Laheriasarai, District- Darbhaga (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-07-2019 Heard both sides.

The petitioners apprehend their arrest in Darbhanga Mahila P.S. Case No.9 of 2019 registered under Sections 323, 313, 376, 498A and 34 of the Indian Penal Code. The informant alleged that she was earlier married with Mukesh Sahni in the year 2011 and she gave birth two children but unfortunately, in the year 2014, her husband suddenly died. When her father came to take her to his village, the petitioners, father-in-law and mother-in-law of the informant are alleged to have assured to get her married with Mohan Sahni, the younger brother of Mukesh Sahni. Mohan Sahni behaves properly with her and they developed relation but when

Patna High Court CR. MISC. No.45248 of 2019(2) dt.23-07-2019 2/2 she conceived and asked Mohan Sahni to marry with her all the accused persons got her aborted.

The learned counsel for the petitioners submits that petitioners are father-in-law and mother-in-law of the informant. After death of her first relation, the informant developed relation with her brother-in-law. Petitioners have no manner of concern with the affairs of informant and Mohan Sahni. Petitioners have been dragged in the case only to pressurize the petitioners. Taking into consideration the facts aforesaid and nature of allegation made against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Darbhanga in connection with Darbhanga Mahila P.S. Case No.9 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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