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Patna High CourtCR. MISC./60431/2023allowed

Mintu Sah @ Sachin Sah @ Sachin Kumar v. The State Of Bihar

2023-10-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60431 of 2023 Arising Out of PS. Case No.-2604 Year-2018 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== MINTU SAH @ SACHIN SAH @ SACHIN KUMAR S/O SURENDRA SAH @ SURENDRA PRASAD SAH VILLAGE- MUKUNDPUR MAHUA JAWAHAR CHOWK, PS- MAHUA, DIST- VAISHALI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SADHNA DEVI WIFE OF MINTU SAH @ SACHIN SAH @ SACHIN KUMAR VILLAGE- MUKUNDPUR, MAHUA, PS MAHUA, DISTVAISHALI, AT PRESENT D/O SRI YUGAL KISHORE SAH, R/O VILLAGE- RAHSA EAST, PS- BHAGWANPUR, DIST- VAISHALI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brahmaputra Singh Ishu, Adv.

For the Opposite Party/s :

Mr.Dashrath Mehta, APP Mr.Satya Prakash Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2023 Heard the parties.

2.

Petitioner apprehends his arrest in a case registered under sections 498(A)/34, 494 of the IPC and 4 of D.P. Act. 3.

Allegation against the petitioner is that he along with other co-accused used to torture the complainant for demand of dowry and ousted her out of the matrimonial house. 4.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. The

Patna High Court CR. MISC. No.60431 of 2023(2) dt.12-10-2023 2/2 complainant herself deserted her husband and despite repeated calls, she never came back to her matrimonial house. It is submitted that the complainant has filed a maintenance case and by the order of the Court, the complainant is getting Rs.5000/- per month as maintenance.

5.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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.2604/2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. 6.

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

(Anjani Kumar Sharan, J) pallavi/- U T