Jitendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14409 of 2019 Arising Out of PS. Case No.-523 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== JITENDRA SAH, Male, aged about 30 years, Son of Satrohan Sah @ Shatrudhan Sah, Resident of Village- Bishunpurwa, P.S.- Yogapatti, DistrictWest Champaran, Bettiah ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Ashok Kumar Gupta For the Opposite Party :
Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-03-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.
The petitioner is languishing in judicial custody since 18.10.2018 in connection with Yogapatti P.S. Case No. 523 of 2018 for the offences alleged under Sections 341, 323 and 498A of the Indian Penal Code, under Sections 3 and 4 of the Dowry Prohibition Act and under Section 37(b) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the informant, who is the wife of the petitioner, is that she was married to the petitioner seven years back and was living happily, but, of late her husband has started consuming liquor and abusing and beating her and demanded Rs.1,00,000/- to be brought as dowry from her paternal house.
Patna High Court CR. MISC. No.14409 of 2019(2) dt.12-03-2019 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He is ready to keep his wife with full dignity and honour, as per his economical capacity, and would not indulge in any overt-act in future. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Yogapatti P.S. Case No. 523 of 2018 to the satisfaction of the learned Special Judge, Excise, West Champaran at Bettiah, subject to the following conditions :
(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) The petitioner will give an undertaking before the learned Court below on affidavit to keep his wife with full dignity and honour and will not indulge in any overt act. If it is brought to the notice of the learned Court below of any overt act by the
Patna High Court CR. MISC. No.14409 of 2019(2) dt.12-03-2019 3/3 petitioner, the learned Court below would proceed to cancel the bail bond of the petitioner.
(Nilu Agrawal, J) Shamshad/- U T