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Patna High CourtCR. MISC./62261/2024bail granted

Raghwendra Kumar Sahni @ Raghwendra Kumar @ Raghvendra Kumar v. The State Of Bihar

2025-05-05Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62261 of 2024 Arising Out of PS. Case No.-379 Year-2023 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== RAGHWENDRA KUMAR SAHNI @ RAGHWENDRA KUMAR @ RAGHVENDRA KUMAR SON OF MADAN SAHNI VILLAGEDIHJIWAR, PS- HATHAURI, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

GURIYA KUMARI DAUGHATER OF CHANDRA SAHNI VILLAGEKAAZI BAHERA, PS- JAALE, DIST- DARBHANGA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arinjay Kumar, Advocate Md. Danish, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP For the Complainant :

Mr. Arvind Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-05-2025

1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.

2. The petitioner apprehends his arrest in connection with Complaint Case no.379 of 2023 registered under section 498A of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. As per the prosecution case, the complainant states that her husband Raghwendra Kumar Sahni, the petitioner herein, along with accused persons started to assault the complainant mentally and physically on account of nonfulfillment of demand of dowry and also ousted her from matrimonial house.

Patna High Court CR. MISC. No.62261 of 2024(4) dt.05-05-2025 2/3

4. Learned counsel for the petitioner submits that earlier the matter had been sent to the Patna High Court Mediation Centre vide order dated 16.12.2024 but the mediation process has failed. Learned counsel for the petitioner further submits that the allegation of demand of dowry and torture is false and concocted. The petitioner is always ready to keep his wife with full dignity and honour but it is the complainant who never wants to live with the petitioner. The petitioner has no criminal antecedent and undertakes to co-operate in case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State as also learned counsel for the complainant.

6. At this stage, learned counsel for the petitioner submits that the petitioner makes an offer to pay Rs. 2,500/- to his wife in the second week of every month for her basic requirements. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.

7. Considering the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.62261 of 2024(4) dt.05-05-2025 3/3 period of four weeks, be released on anticipatory bail in connection with Complaint Case no.379 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the petitioner shall co-operate in the investigation/trial.

8. If the opposite party no. 2 furnishes the Bank account in which the amount can be transferred and yet the petitioner fails to make the aforesaid payment of Rs. 4,000/- on two consecutive dates, the opposite party no. 2 would be at liberty to file cancellation of bail.

(Soni Shrivastava, J) Harsh/- U T