IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26656 of 2011
Mukesh Sahani
Versus
The State Of Bihar
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02 24.08.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State assisted by
learned counsel for the informant.
Petitioner is in jail custody since 9.7.2011 in a case
registered under section 498A/34 of the Indian Penal Code and 3/
4 of the D.P. Act.
Admittedly, informant filed complaint petition which
was converted into Lalganj P.S. Case no.114/2011.
The contention of learned counsel for the petitioner is
that informant is not legally wedded wife of the petitioner and, as
a matter of fact, marriage of the petitioner was forcibly
performed with the informant for which petitioner has filed
complaint case in the court of SDJM West, Muzaffarpur and
prior to filing of the present case, father of the petitioner had
filed a petition before SDM West, Muzaffarpur.
On the other hand, learned counsel for the informant
opposed the prayer pointing out that the petitioner is husband of
the informant and there is specific allegation of torturing against
him.
Considering the facts and circumstances as well as
submissions of the parties, let the petitioner, Mukesh Sahani, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
2
Thousand) with two sureties of the like amount each to the
satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur
in connection with Lalganj P.S. Case No. 114 of 2011.
Shahid (Hemant Kumar Srivastava, J)