Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19271 of 2013 Arising Out of Complaint Case No. C-1324 Year- 2010 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN (MOTIHARI) ====================================================== Santosh Sah, S/o Dhrub Sah, Resident of Village- Ward No.-14, Mahadeo Tola Sugauli, Police Station- Sugauli, District- East Champaran. .... .... Petitioner

Versus

1. The State of Bihar

2. Babli Devi, W/o- Santosh Sah, resident of Village- Gandhi Road Ramna Ward No. 7, P.S.- Motihari Town, District- East Champaran. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr.

For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 6.

Heard learned counsel for the petitioner and 14.01.2015.

the State.

2. Petitioner-husband is apprehending his arrest in connection with a case registered for the offence under Section 498A/34 of the Penal Code. It is submitted on his behalf that notwithstanding the Complaint Petition he is ready and willing to continue the matrimonial relationship with the complainant and to that effect he shall file a written undertaking on affidavit in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below. No sooner the petitioner surrenders in

Patna High Court Cr.Misc. No.19271 of 2013 (6) dt.14-01-2015 the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below and files such affidavit, he, named above, be admitted to the privilege of provisional bail on furnishing bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sadar Motihari, East Champaran in connection with Complaint Case No. C-1324/10, Tr. No. 3339/12 and thereafter the complainant should be noticed and after she appears in the court below, in presence of the court, petitioner shall make all possible efforts for resolution of the matrimonial dispute between him and the complainant not only by words of mouth but also by his suitable conduct and gesture.

In the event court below is satisfied that dispute is resolved and matrimonial peace prevails in the family or the complainant is back to her matrimonial home or she is found to be unreasonable, provisional bail granted to the petitioner shall be confirmed, failing which court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties.

Patna High Court Cr.Misc. No.19271 of 2013 (6) dt.14-01-2015

3. This application is, accordingly, disposed of.

4. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner.

(V.N.Sinha,J.) P.K.P.

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