Pramod Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.45760 of 2013 (4) dt.06-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45760 of 2013 ====================================================== Pramod Sahani, son of Yogi Sahani, resident of Village- Dumari, Police Station- Sugauli, District- East Champaran.

.... .... Petitioner.

Versus

1. The State of Bihar.

2. Sunita Devi, D/o Kailash Sahani, resident of Village- Patharia Godhi Tola, P.S. Bara Chakia, District- East Champaran. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar Singh, Advocate. For the State : Mr. B. N. Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 06-02-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. C-920 of 2010, Tr. No. 3091 of 2012 registered under Sections 498A, 323 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is not ready to keep the victim-wife as victim-wife had performed her second marriage with one Binod Sahani.

In the impugned order itself mentioned that the petitioner is not ready to keep the victim wife.

Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from the date of receipt of copy of order in the court below shall be released on provisional bail for four months on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sadar

Patna High Court Cr.Misc. No.45760 of 2013 (4) dt.06-02-2015 Motihari, East Champaran, in connection with Complaint Case No.C-920 of 2010, Tr.No. 3091 of 2012, subject to condition as laid down under Section 438(2) of Cr.P.C. Further condition that in the meantime trial court shall call the victim-wife and if the victim-wife is ready to live with the petitioner then petitioner shall keep the victim-wife with due dignity and honour and trial court shall confirm the bail bond of the petitioner. Further condition that if for any reason the victim-wife is not ready to live with the petitioner then petitioner shall pay Rs. 1200/- per month as maintenance till maintenance is fixed by the competent court and on being satisfied the trial court shall confirm the bail bond of the petitioner after four months. Further condition that petitioner shall appear on each and every date fixed in this case. m.p.

(Gopal Prasad, J) U T