Bhim Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66076 of 2019 Arising Out of PS. Case No.-482 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Bhim Sahani Son of Madan Sahani Resident of Village-Matiyariya Kothi, P.SHarsidhi, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Punita Devi Wife of Bhim Sahani and Daughter of Upendra Sahani Resident of Village-Matiyariya Kothi, P.S-Harsidhi, District-East Champaran. Presently, Resident of Village-Pandey Tola Mallah Toli, P.S-Malahi, DistrictEast Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2019 This is an application for grant of anticipatory bail in connection with Trial No. 2380 of 2018 arising out of Complaint Case No. C-482 of 2018 registered for the offences punishable under Section 498A of the I.P.C. and Section 3/4 of the Dowry Prohibition Act.

As per complaint case, there is allegation against the petitioner who happens to be the husband of the complainant, demand of bufallo for which she ousted from the house. Submission of learned counsel for the petitioner is that allegation against the petitioner is false and concocted and he is still ready to keep her with dignity and care, that stand has

Patna High Court CR. MISC. No.66076 of 2019(4) dt.12-12-2019 2/2 also been taken by the petitioner before the court below. Heard A.P.P. also.

In this case notice was also issued to the opposite party no.2 and office note disclosed that neither A/D nor undelivered speed post notice has been received, however, tracking report on India post shows the delivery of item. Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Sub Divisional Magistrate, East Champaran, Motihari, in connection with Trial No. 2380 of 2018 arising out of Complaint Case No. C-482 of 2018, subject to the condition laid down under Section 438(2) of the Cr.P.C., with condition that if the opposite party no. 2 is ready to reside with the petitioner, he has to keep her with dignity and care.

(Vinod Kumar Sinha, J) Rahul Mishra/- U T