Subhash Sah v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10174 of 2019 Arising Out of PS. Case No.-10 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SUBHASH SAH Son of Ram Kisun Sah Resident of village - Kharua, P.SKundwa Chainpur, Dist.-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangeeta Devi Wife of subhash Sah Resident of village - Kharua, P.S.- Kundwa Chainpur, Distt.- East Champaran, at Presently resident of Village - Jatwaliya, P.S-Kundwa Chainpur, Dist.-East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 10 of 2018, disclosing offences under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to torture with respect to demand of dowry.

Submission of learned counsel for the petitioner is that whole allegation is false and concocted and as a matter of fact petitioner is working in Mumbai and opposite party no. 2 desires to live with the petitioner at Mumbai, which is not possible for him as he himself resides with eight other persons,

Patna High Court CR. MISC. No.10174 of 2019(3) dt.26-04-2019 2/3 however, petitioner is ready to keep the complainant at his village with full honour and dignity.

Heard learned A.P.P. as well as learned counsel for the complainant. Learned counsel for the complainant has submitted that she is ready to live at the village, if she is kept with full honour and dignity.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the complainant to appear before the concerned court below on 14.05.2019 and if the petitioner files a petition that he is ready to keep the complainant with with full honour and dignity and if he is willing to take the complainant to his village from the court itself, the court below shall release the petitioner on provisional bail for a period of six months to his own satisfaction and in the meantime, the court below will watch the conduct of the parties by calling the complainant and petitioner in the first week of each month for a period of six months and after six months, if the court below is satisfied with the conduct of the petitioner, he will confirm the provisional bail of the petitioner otherwise, he will cancel the provisional bail granted to the petitioner.

With the above observation, this application is disposed

Patna High Court CR. MISC. No.10174 of 2019(3) dt.26-04-2019 3/3 of.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T