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Lal Babu Sahani @ Vinay Kumar Sahani v. the State of Bihar

Patna HC18 Jan 2023CR. MISC./54039/2022

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to an aged petitioner facingIPC charges arising from a matrimonial dispute where the FIR was filed after a divorce petition. The court imposed conditions for surrender and bail sureties.

What did the court decide?

Petitioner released on anticipatory bail on furnishing bail of Rs. 10,000 with two sureties of like amount on surrender within four weeks.

Lal Babu Sahani @ Vinay Kumar Sahani Vs the State of… — Matrimonial and Divorce | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54039 of 2022

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Arising Out of PS. Case No.-26 Year-2019 Thana- MAHILA P.S. District- Vaishali

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======================================================

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LAL BABU SAHANI @ VINAY KUMAR SAHANI SON OF HIRA LAL SAHANI R/O VILLAGE- VISHUNPUR ARRA, P.S.- GORAUL, DISTRICT- VAISHALI

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Hemant Kumar, Advocate For the Opposite Party/s : Mr.P ushpa Sinha.1, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 18-01-2023

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Heard learned counsel for the petitioner and the

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State.

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The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 26 of 2019 for the offence registered under Sections 341, 323, 504, 506, 498(A), 376 and 511 of the Indian Penal Code.

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As per the FIR, the lady has alleged that she was tortured by her in-laws and further allegation against the petitioner, who is father-in-law is of trying to outrage her modesty.

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Learned counsel for the petitioner submits that in this case a Divorce Case was also filed on 04.02.2019 and when the lady came to know about it, the FIR was lodged on 04.07.2019. In that backdrop, allegation has been made against the family

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Patna High Court CR. MISC. No.54039 of 2022(2) dt.18-01-2023 2/2

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members of the petitioner in which he despite being an aged person of 63 years has also been dragged.

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Learned APP for the State opposes the prayer for anticipatory bail.

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Taking into account the fact that the FIR lodged after the filing of the divorce case, as stated above, the petitioner do not have criminal antecedent, is an aged person, will be cooperating in the investigation and further undertakes that he shall diligently appear in trial, this Court is inclined to grant him the privilege of anticipatory bail.

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Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Vaishali at Hajipur in connection with Mahila P.S. Case No. 26 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.

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(Rajiv Roy, J)

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Jagdish/Neha -

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U T

Lal Babu Sahani @ Vinay Kumar Sahani v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Lal Babu Sahani @ Vinay Kumar Sahani v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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