Patna High CourtCR. MISC./1115/2015disposed

Chuman Kumar Sah v. The State Of Bihar

2015-01-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1115 of 2015 Arising Out of PS.Case No. -97 Year- 2014 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Chuman Kumar Sah Son of Shivdeni Sah, Resident of Village-Belwatia, P.S.-Pipra Kothi, District-East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Tapeshwar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2015 Heard both sides.

The petitioner Chuman Kumar Sah apprehends his arrest in a case registered for the offence punishable under Sections 323, 498(A), 406/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The informant alleged that she was married to the petitioner on 19.06.2012 but immediately thereafter, her husband started demanding dowry and torturing her. Her husband has got

Patna High Court Cr.Misc. No.1115 of 2015 (2) dt.12-01-2015 2/2 illicit relationship with one Anjali Devi.

Learned counsel for the petitioner submits that the petitioner filed a suit for restitution of conjugal rights. Thereafter, the complainant filed this case. The petitioner is still ready to keep his wife.

Having regard to the facts and circumstances of the case, the petitioner is directed to surrender in the Court below within four weeks and the Court below shall enlarge the petitioner on provisional bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Motihari, East Champarna in connection with Pipra Kothi P.S. Case No. 97 of 2014 corresponding to G.R. No. 4146 of 2014, subject to the conditions laid down under Section 438(2) of the Cr.P.C. and after that, the court below shall make efforts for settlement of the dispute between the husband and the wife. If, the dispute is resolved, the provisional bail, granted to the petitioner shall be confirmed and if, the dispute is not resolved, the Court below shall pass the order on its own merits without being prejudiced by the present order.

(Prabhat Kumar Jha, J) Jagdish/- U T