Patna High CourtCR. MISC./13168/2020bail granted

Subhash Sah v. The State Of Bihar

2020-03-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13168 of 2020 Arising Out of PS. Case No.-10 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SUBHASH SAH Son of Ram Kisun Sah, Resident of Village - Kharua, Police Station - Kundwa Chainpur, District - East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

Sangeeta Devi Wife of Subhash Sah, Resident of Village - Kharua, Police Station - Kundwa Chainpur, District - East Champaran. Presently resident of Village Jatwaliya, Police Station - Kundwa Chainpur, District - East Champaran.

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2020 Heard both sides.

Petitioner seeks bail in Complaint Case No.10 of 2018 corresponding to Tr. No.2858 of 2018 registered under Section 498A of the IPC and under Section 4 of the Dowry Prohibition Act.

The wife made allegation of demand of dowry and torture against the petitioner but the petitioner was also granted anticipatory bail on his undertaking to keep his wife. Learned counsel for the petitioner submits that the petitioner tried his best to keep his wife but the complainant did not want to live with the petitioner and ultimately the

Patna High Court CR. MISC. No.13168 of 2020(2) dt.03-03-2020 2/2 provisional bail granted to the petitioner has been cancelled. The petitioner is in jail since 26.11.2019. The petitioner has already remained in jail more than three months.

Having considered the facts and the nature of allegations made against the petitioner and the fact that the petitioner being the husband of the complainant has remained in jail for more than three months, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Complaint Case No.10 of 2018 (Tr. No.2858 of 2018).

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