Birendra Sahani @ Binda Sahani v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4932 of 2019 Arising Out of PS. Case No.-187 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== BIRENDRA SAHANI @ BINDA SAHANI, son of Radha Sahani, resident of Vill-Sarsaula, P.S-Lakhaura, Distt.-East Champaran. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Malti Devi, wife of Birendra Sahani @ Binda Sahani, Daughter of Yogendra Sahani at present resident of Vill-Kathwalia,P.S-Sugauli, Distt.-East Champaran.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. C-187 of 2018, corresponding to Trial No. 2193 of 2018, lodged for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is of subjecting his wifeopposite party No.2 to cruelty with respect to demand of Rs.50,000/- and attempting to set her on fire.

Submission of learned counsel for the petitioner is that he is still ready to keep the opposite party No.2 with him with dignity and care. On the other hand, learned counsel for the opposite party No.2 has submitted that she is also ready to reside with the petitioner if she is allowed to live with dignity and care.

Patna High Court CR. MISC. No.4932 of 2019(4) dt.29-04-2019 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, both the parties to appear before the court below on 16.5.2019 and petitioner shall file a petition on affidavit that he is ready to keep her with him with dignity and care and on filing of such petition, the petitioner will be released on provisional bail for a period of six months and during that period the court below will watch the conduct of both the parties by calling them in court in first week of every month and once the court below is satisfied with the conduct and marital status of the parties, specially the conduct of the petitioner, the court below shall confirm the bail bonds of the petitioner, otherwise the court below is free to pass any order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T