Harendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84584 of 2019 Arising Out of PS. Case No.-75 Year-2018 Thana- PIPRAHI District- Sheohar ====================================================== HARENDRA SAHANI Son of Late Anurag Sahani, Resident of Village - Belwa Tole Narkatiya, P.S.- Piprahi, Dist.- Sheohar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-06-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Piprahi P.S. Case No.75 of 2018 registered under Sections 307, 323, 341, 498A, 504 and 506 of the Indian Penal Code.

The informant earlier filed complaint case on 10.05.2018 on the basis of which the present F.I.R. was registered. The informant alleged that she was married with the petitioner about 20 years ago but her husband developed illicit relation with his sister-in-law (bhabhi) and thereafter all accused persons subjected her to all sorts of torture. She is living with her sons in the house of brother of her husband. Learned counsel for the petitioner submits that the entire allegation is false and concocted. The police after investigation submitted final form finding the case false but the

Patna High Court CR. MISC. No.84584 of 2019(3) dt.18-06-2020 2/2 Magistrate took cognizance differing with the finding of the Investigating Officer.

It appears that the police found the case false against the petitioner but cognizance was taken differing with the finding of the Investigating Officer. The marriage was solemnized 20 years ago and on account of some petty dispute, the husband and the wife picked up quarrel with each other and the wife is still living with the brother of the petitioner. Having considered the facts aforesaid, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sheohar in connection with Piprahi P.S. Case No.75 of 2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T