Ajay Soni @ Chhotu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43255 of 2019 Arising Out of PS. Case No.-903 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== AJAY SONI @ CHHOTU SAH Son of Deep Narayan Sah R/O- Tingachhia, Satsang Mandir, P.S.- Nagar, District- Katihar ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pooja Devi D/o- Jogan Sah, Wife of Ajay Soni @ Chhotu Sah, R/O - Bada Bazar, Naya Tola, P.S.- Nagar, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the opposite party No. 2:

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-09-2019 Heard learned counsel appearing on behalf of the petitioner, complainant and the State.

This application for anticipatory bail arises out of Complaint Case No. 903 of 2018, disclosing the offences under Sections 498(A) and 420 of the Indian Penal Code. The petitioner is husband of opposite party No.2. Learned counsel for the petitioner has submitted that on the basis of certain misgivings that the petitioner has married another girl, the complaint petition has been filed. He has submitted that only on the basis of suspicion, that the allegation has been made in the complaint petition, that petitioner has

Patna High Court CR. MISC. No.43255 of 2019(3) dt.30-09-2019 2/3 married another woman. He further submits that the petitioner is ready to live with the complainant together peacefully and lead a harmonious conjugal life.

Learned counsel appearing on behalf of the complainant has submitted that if the petitioner assures her that he has not married any another woman, she is ready to live with him and lead a peaceful conjugal life.

Learned counsel for the petitioner in response has submitted that the petitioner himself shall go to the place where the complainant is presently residing and bring her back to the matrimonial home with all due respect and dignity. Let it be done within three weeks from today.

Considering the above submissions, this application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Complaint Case No. 903 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall

Patna High Court CR. MISC. No.43255 of 2019(3) dt.30-09-2019 3/3 present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T