Kabir Sah v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12920 of 2019 Arising Out of PS. Case No.-101 Year-2017 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Kabir Sah Son of Isamul Sah Resident of Village - Uchhti, P.S.- Biraul, Distt.- Darbanga.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shabnam Khatoon Wife of Kabir Sah, D/o Md. Moshim, Resident of Village - Alinagar, P.S.- Alinagar, Distt.- Darbanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-04-2019 This is an application for grant of anticipatory bail in connection with Complaint Case vide C.R. No. 101 of 2017, disclosing offences under Sections 341, 323, 498(A), 379, 120(B) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Allegation against the petitioner is of subjecting his wife to cruelty and harassment with respect to demand of dowry. Submission of learned counsel for the petitioner is that he is still ready to keep her with full dignity and care. Heard learned A.P.P. as well as learned counsel for the complainant, they have opposed the prayer for anticipatory bail of the petitioner stating that the petitioner subjecting the complainant with cruelty and also submitted that she is still ready to live along

Patna High Court CR. MISC. No.12920 of 2019(3) dt.30-04-2019 2/2 with the petitioner, if he assure to keep her with full dignity and care.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with a direction to the petitioner to surrender before the court below on 14.05.2019 and file a petition that he is still ready to keep the opposite party no.2 with full dignity and care and on that date, the opposite party no.2 shall also remain present before the court below and on filing such an application, the court below shall release the petitioner on provisional bail for a period of six months to his own satisfaction and within that period, the learned court below will watch the conduct of both the parties by calling them in the first week of each month and once the learned court below is satisfied with the conduct of both the parties, specially the conduct of he petitioner, he shall confirm the provisional bail of the petitioner otherwise, he is free to pass any order or orders as he deems fit and proper and including cancellation of bail bonds of the petitioner.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T