Jagu Sahani @ Jaggu Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54647 of 2019 Arising Out of PS. Case No.-67 Year-2018 Thana- MADHUBAN District- East Champaran ====================================================== JAGU SAHANI @ JAGGU SAHANI Son of Kapildeo Sahani Resident of Village - Banjariya, P.S.- Madhuban, District - East Champaran ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Sangita Kumari Sahani Wife of Jaggu Sahani Daughter of Khesari Sahani, Resident of Village - Bhutane, P.S.- Hathori, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Shankar Shrivastava For the Opposite Party/s :
Ms.Pushpa Sinha Mr. Arinjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Madhuban P.S. Case No. 67 of 2018, disclosing the offence under Sections 494, 498-A/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.
The petitioner is husband of opposite party no. 2. Learned counsel appearing on behalf of the petitioner on instructions from his client has submitted that petitioner is willing to live with opposite party no. 2 and lead peaceful happy conjugal life. He has submitted that the petitioner himself will go to the place where opposite party no. 2 is presently residing at village Bhutane in the district
Patna High Court CR. MISC. No.54647 of 2019(3) dt.16-11-2019 2/3 of Muzaffarpur and take her to Kolkata (West Bengal) where the petitioner is presently staying for earning his livelihood.
Learned counsel for the petitioner states that within four weeks, the petitioner shall take opposite party no. 2 to Kolkata.
Considering the above submission, 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 SDJM, Sikrahana at Motihari, East Champaran, in Madhuban P.S. Case No. 67 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 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. In case, the petitioner fails to abide by the undertaking given to this Court through his learned counsel,
Patna High Court CR. MISC. No.54647 of 2019(3) dt.16-11-2019 3/3 the opposite party no. 2 shall be at liberty to apply for cancellation of his bail.
(Chakradhari Sharan Singh, J) Rajesh/- U T