Ramjee Sahni v. The State of Bihar

Patna HC15 Oct 2025CR. MISC./42090/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; Sections 323, 379, 506, 498(a) IPC; Sections 3 and 4 D. P. Act; Complaint Case No. 1905 of 2019; Trial No. 1740 of 2024; SDJM Samastipur; bail-bonds Rs. 10,000 with two sureties; alleged second marriage of complainant (Ashish Kumar Sahni); liberty to seek cancellation of anticipatory bail; notice deemed validly served; Patna High Court; Satyavrat Verma, J.; 15-10-2025.

What did the court decide?

Anticipatory bail allowed: petitioner to be released on bail upon arrest or surrender within six weeks, on bail-bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned SDJM, Samastipur, subject to conditions under Section 438(2) Cr.P.C.; liberty reserved to opposite party no.2 to seek cancellation of the anticipatory bail if she has not performed her second marriage.

Ramjee Sahni Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶¶27

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in connection with Complaint Case No. 1905 of 2019, registered for offences punishable under Sections 323, 379, 506 and 498(a) of the Indian Penal Code and Sections 3 and 4 of the D. P. Act.

¶¶16

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the learned Court below within six weeks, the petitioner is directed to be released on bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned SDJM, Samastipur, in connection with Complaint Case No.1905 of 2019, Trial No. 1740 of 2024, subject to the conditions under Section 438(2) Cr.P.C.

¶¶26

Ratio / Principle

Notice issued on opposite party no.2, having been received by her sister, is deemed to have been validly served.

¶¶21

Key takeaways

It is made clear that opposite party no.2 shall be at liberty to file an application seeking cancellation of the anticipatory bail of the petitioner, in the event she has not performed her second marriage.obiter¶¶28

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 42090 of 2025 (decision date 15-10-2025, Satyavrat Verma, J.): Anticipatory bail granted to the petitioner (Ramjee Sahni, husband of opposite party no.2) in connection with Complaint Case No. 1905 of 2019, Trial No. 1740 of 2024, Samastipur, registered for offences punishable under Sections 323, 379, 506 and 498(a) of the Indian Penal Code and Sections 3 and 4 of the D. P. Act. Counsel for the petitioner submitted he was falsely implicated, was willing to restitute conjugal rights, and that opposite party no.2 had performed a second marriage with one Ashish Kumar Sahni (supported by Aadhar Card and Punjab National Bank account address at Chandpura, Begusarai). Notice on opposite party no.2, received by her sister, was deemed validly served. The Court directed release on bail on arrest or surrender within six weeks, on bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned SDJM, Samastipur, subject to the conditions laid down under Section 438(2) of the Cr.P.C., and reserved to opposite party no.2 liberty to apply for cancellation of the anticipatory bail if she has not performed her second marriage.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42090 of 2025

¶2

Arising Out of PS. Case No.-1905 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur

¶3

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

¶4

Ramjee Sahni, Son Of Vijay Sahni Resident Ofvillage- Bulakipur, P.S.Dalsingsarai, Distt.- Samastipur

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar

¶8

Sunita Kumari W/o- RAmjee Sahni, D/o- Vishnudev Sahni Village- Lat Basepura Tole- Chainpur Ps- Mushrigharari Dist- Samastipur

¶9

... ... Opposite Party/s

¶10

====================================================== Appearance :

¶11

For the Petitioner/s : Mr.Kumar Praveen For the Opposite Party/s : Mr.Sanjay Kumar ======================================================

¶12

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶13

4 15-10-2025

¶14

Heard learned counsel for the petitioner and learned APP for the State.

¶15

The petitioner seeks bail in anticipation of his

¶16

arrest in a case registered for the offences punishable under Sections 323, 379, 506 and 498(a) of the Indian Penal Code and Sections 3 and 4 of the D. P. Act.

¶17

The case was taken up on 09.07.2025, when notices were issued on opposite party no.2.

¶18

From perusal of the office report dated 13.10.2025, it manifests that the notice has been received by the sister of opposite party no.2.

¶19

Since the notice has been received by sister of

¶20

Patna High Court CR. MISC. No.42090 of 2025(4) dt.15-10-2025 2/3

¶21

opposite party no.2, as such, it is deemed to be validly served.

¶22

The learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the instant case by the opposite party no.2. It is further submitted that petitioner was always willing to restitute his conjugal rights, but then, opposite party no.2 performed her second marriage. It is further submitted that at Para-10 of the anticipatory bail application, it has been specifically pleaded that from reliable sources petitioner came to know that complainant has performed her second marriage with one Ashish Kumar Sahni, son of Late Ashok Sahni, resident of village Chandpura, Ward No.6, P.S. Chanpura, District- Begusarai, 851131 and presently she is living in her new matrimonial house along with her husband and kids. It is also submitted that in support of the same produces the Aadhar Card of the opposite party no.2 wherein her address is mentioned:- C/o Ashish Kumar, Ward No.08, Chandpura, P.O. Chandpura, District- Begusarai. Further, also produces the saving bank account number of the opposite party no.2 with Punjab National Bank wherein the same address is recorded. It is submitted that inadvertently at Para-10, ward no.6 has been mentioned instead of ward no.8.

¶23

Learned A.P.P. opposes the anticipatory bail

¶24

Patna High Court CR. MISC. No.42090 of 2025(4) dt.15-10-2025 3/3

¶25

application.

¶26

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Samastipur in connection with Complaint Case No.1905 of 2019, Trial No. 1740 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

¶27

9. The application stands allowed.

¶28

However, it is made clear that the opposite party no.2 shall be at liberty to file an application seeking cancellation of anticipatory bail of the petitioner, in the event, if she has not performed her second marriage.

¶29

(Satyavrat Verma, J)

¶30

vikash/-

¶31

U T

Ramjee Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ramjee Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Pradip Yadav @ Pradip Kumar Vs The State of Bihar

Jitendra Singh @ Jitan Singh Vs The State of Bihar

Anwarul Haque Vs The State of Bihar

Prakash Kamat Vs The State of Bihar

Umesh Prasad @ Umesh Kumar Prasad Vs The State of Bihar

Jasiro @ Jasir @ Jasir Uddin Vs The State of Bihar