Sandeep Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60109 of 2022 Arising Out of PS. Case No.-977 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== SANDEEP SAHNI Son of Upendra Sahani Resident of village - Jindpur, Purvi Tola, P.S.- Birpur, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Devi Wife of Sandeep Sahni Resident of Village - Jinadpur, P.S.- Birpur, Distt. - Begusarai at present D/o Ram Sogarath Bind, Resident of village - Samho Diyara (Salha bind toil), P.S.- Samho, Distt. - Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Randhir Kumar No.1, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 406, 354, 325 and 306 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that in compliance of the order dated 01.12.2022, notices were filed in time for being served on the opposite party no. 2. It is further submitted that the office report records that the notices were received by the father of the complainant. It is next submitted that an application of jointness has been filed wherein it has been pleaded that the complainant along with the child is staying with her father.

4. In view of the submissions made by the learned counsel

Patna High Court CR. MISC. No.60109 of 2022(5) dt.01-08-2023 2/2 for the petitioner, the notice is deemed to be validly served.

5. Learned counsel for the petitioner submits that petitioner is always willing to resume his conjugal life and is not shying away from the responsibility. It is further submitted that on account of normal wear and tear of life, the present false case came to be instituted with an exaggerated allegation. It is next submitted that it absolutely does not stand to reason that as to why the complainant is not willing to accompany the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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.10,000/- (Rupees Ten 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. 977C of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T