Anil Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18064 of 2019 Arising Out of PS. Case No.-201 Year-2017 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Anil Sahu, Son of Bachai Sahu, R/o village- Suggapatti, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Bibha Devi, Wife of Anil Sahu, D/o Ram Bilash Sahu, R/o village- Karihar, P.S.- Ghoghardiha, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.201 of 2017 disclosing offences under Sections 341, 323, 380, 498(A), 494, 354, 376, 511, 504 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Allegation against the petitioner is of subjecting his wife with cruelty and neglected her for demand of Buffalo. Submission of the learned counsel for the petitioner is that as a matter of fact, the opposite party no.2 is not ready to live with the petitioner and for that petitioner has also lodged a case under Section 9 of Hindu Marriage Act, 1955 for restitution for conjugal life before the Principal Judge, Family Court,

Patna High Court CR. MISC. No.18064 of 2019(4) dt.18-06-2019 2/2 Madhubani.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who has opposed the prayer for bail. However, submission of learned counsel for the opposite party no.2 is that she is ready to live with the petitioner, if she is allowed to live with full dignity and honour. Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner shall appear on 01.07.2019 before the court below and on that date, opposite party no.2 shall also remain present and on filing affidavit by the petitioner that he is ready to keep her and take her in the Court, the Court shall released him on provisional bail for a period of six months and shall also direct that he shall appear in the first week of each month and the court below after seeing the conduct of both the parties, the order may be passed either confirming the bail bonds or any other order which may fit and proper.

(Vinod Kumar Sinha, J) sunil/- U T