Brij Kishor Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55394 of 2024 Arising Out of PS. Case No.-517 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Brij Kishor Sahani Son of Late Adeya Sahani Resident of Vill- Bairiya Dih, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Poonam Devi W/O Brij Kishor Sahani, D/O Dokhatar Dhurv Sahani R/O Vill - Jhakhiya, P.S. - Banjariya, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2024 Heard learned counsel for the parties.

2. Though the notice has validly been served on opposite party no. 2, but nobody appears on behalf of opposite party no. 2.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A) of the Indian Penal Code.

4. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

5. Learned counsel for the petitioner submits that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor

Patna High Court CR. MISC. No.55394 of 2024(3) dt.14-11-2024 2/2 drove her out of her matrimonial home nor tormented her over the demand of dowry. He submits that the petitioner has always been willing to keep his wife and his children with full honor and dignity, however, the complainant is adamant about torturing the petitioner and his family. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

6. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 517 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..

7. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

8. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T