Madan Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11198 of 2016 ======================================================

1. Madan Sah Son of Chain Sah, Resident of Village- Tikaita, P.S.- Turkaulia, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kaushalya Devi, Wife of Sri Madan Sah and Daughter of Late Badri Sah, Resident of Village- Rulahi Sataisa, P.S.- Motihari Muffasil, District- East Samastipur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2016 Heard learned counsel for the parties.

The present application has been filed for modification of the order dated 4.1.2016 passed in Cr. Misc. No. 58471 of 2015 to the extent that the whole order should be revised on merits.

The petitioner being husband of the complainant was granted provisional anticipatory bail in a complaint case wherein process was directed to be issued after cognizance being taken for the offences punishable under sections 498A and 323 IPC and sections 3⁄4 of the Dowry Prohibition Act on readiness to keep the complainant with dignity and honour. The provisional bail was to be confirmed (i) if the matrimonial harmony is substantially

Patna High Court Cr.Misc. No.11198 of 2016 (2) dt.30-03-2016 2/2 restored, (ii) if the complainant fails to appear before the learned court below and (iii) if the complainant gets reluctant to reconcile the issue but the provisional bail was not to be confirmed if substantial proof comes that the petitioner has performed second marriage.

Now, it is claimed that petitioner performed second marriage long ago and has children and grand children out of the second marriage.

In the circumstances, the order dated 4.1.2016 passed in Cr. Misc. No. 58471 of 2015 is hereby rescinded. Let the learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Complaint Case No. 271 of 2014 pending in the court of the learned SDJM, Motihari, East Champaran.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T