Sanjay Sanyami Baba @ Sanjay Sanyami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1488 of 2015 Arising Out of PS.Case No. -271 Year- 2014 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ====================================================== Sanjay Sanyami Baba @ Sanjay Sanyami C/o Shantanand Mission Prashant Yog Ashram, Pachasha, Musepur, Police Station- Rahui (Bhagan Bigha O.P) District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Nutan Kumari D/o Satya Narayan Yadav, R/o village - Baghmara, P.S. Matihani and District - Katihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 31-03-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 379, 504 and 506/34 of the Indian Penal Code. The basic accusation is of torture.

In pursuance to the notices issued to the informant-opposite party no. 2 vide order dated 14.01.2015 the informant is present. Informant claims to have married with the petitioner, though, informant entered into relationship with petitioner since 2005, but petitioner subsequently started

Patna High Court Cr.Misc. No.1488 of 2015 (03) dt.31-03-2015 2/3 inflicting torture and consequently the present case has been registered on 06.09.2014.

It is submitted by learned counsel for the petitioner that the petitioner denies the factum of marriage. The informant lodged Kahalgaon (Shivnarayanpur) P.S. Case No. 271 of 2012 levelling accusation under Sections 448, 341, 323, 376(2)(g), 504/34 and 379 of the Indian Penal Code against Ghanshyam Mandal, Vivekanand Mandal, Swami Agyanand @ Mantu Baba, Pankaj Kumar, Prem Yadav and Ratna Paswan. In the said F.I.R. the informant claims herself as Sadhwi and has not described herself as a married lady or wife of the petitioner and has described herself as daughter of Satya Narayan Yadav. Without expressing any opinion with regard to the relationship of petitioner and the informant, considering the FIR of Kahalgaon P.S. Case No.

71 of 2012 lodged by the informant without disclosing her married status particularly with this petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.1488 of 2015 (03) dt.31-03-2015 3/3 connection with Rahui (Bhagan Bigha) P.S. Case No. 271 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T