High Court Patna High Court - Orders

Mukesh Sahani vs The State Of Bihar on 24 August, 2011

Patna High Court – Orders
Mukesh Sahani vs The State Of Bihar on 24 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Criminal Miscellaneous No.26656 of 2011
                                      Mukesh Sahani
                                           Versus
                                    The State Of Bihar
                                          ----------

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)