Patna High CourtCR. MISC./35027/2014disposed

Balram Sah @ Balram Sha v. The State Of Bihar

2015-05-13Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35027 of 2014 Arising Out of Complaint Case No. -3280 C Year- 2012 Thana -COMPLAINT CASE DistrictARARIA ====================================================== Balram Sah @ Balram Sha S/O Fulchand Sah, Resident of villageKaulhawa, P.S. Jogbani, District Araria. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mina Devi, D/o Laxmi Prasad Sah W/o Balram Sah, Resident of Village- Panhuchi, P.S. Kursakanta, District- Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 13-05-2015 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Opposite Party No. 2.

With consent, the application is being disposed off in the following terms:- The petitioner has agreed to take the Opposite Party No. 2, who is his wife and assured the Court that he shall keep her in the matrimonial home with full dignity, honour and security. For the said purpose, let both the parties appear before the Court below on 28th May, 2015. The petitioner shall give an undertaking before the Court to the effect that he shall keep the opposite party no. 2 with full dignity, honour and security and shall also take care and provide for all her needs. He shall also undertake that the

Patna High Court Cr.Misc. No.35027 of 2014 (4) dt.13-05-2015 2/2 opposite party no. 2 shall be free to talk to and interact with her relatives as and when she desires and they can also visit the Opposite Party No. 2 without any objection or hindrance either from the petitioner or his family members. The Court shall then fix dates in the case every month when both the parties shall appear and the Court shall record its finding with regard to the relationship between the parties. After six months, if the Court comes to the conclusion that the relationship has been restored, the provisional bail granted to the petitioner shall be confirmed. If the Opposite Party No. 2 feels harassed or threatened by the petitioner or his family members, she shall be at liberty to file an application before the Court below with regard to such violation.

In the event such petition is filed, the Court below, after hearing the parties shall pass appropriate orders including cancellation of the bail bonds of the petitioner. The liberty given to the Opposite Party No. 2 shall continue even after the bail is confirmed. It goes without saying that Opposite Party No. 2 shall live in the matrimonial home in the manner expected of a wife/daughter-in-law.

(Ahsanuddin Amanullah, J.) Anand Kr.

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