Suraj Sah @ Suraj Kumar Sahu v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10667 of 2017 Arising Out of PS.Case No. -23 Year- 2016 Thana -MAHILA THANA District- BEGUSARAI ======================================================
1. Suraj Sah @ Suraj Kumar Sahu S/o Ram Prakash Sah Resident of Village- Mauzi, P.S. Hasanpur, District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Pratima Kumari Wife of Suraj Sah at present Resident of:- Daughter of Harinandan Sahu, Resident of Village- Bakhadda, P.S. Sahebpur Kamal, District- Begusarai.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Begusarai Mahila P.S. Case No. 23 of 2016 instituted for the offence under Sections-498(A), 323, 307, 406 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
It has been submitted that the petitioner is ready to keep the informant (his wife) with full honour and dignity and wife is also ready to live with her husband.
In such circumstances, this application is disposed of with direction to petitioner to surrender before the court below i.e. learned Sub Divisional Judicial Magistrate, Begusarai within a period of four weeks from today in connection with Begusarai
Patna High Court Cr.Misc. No.10667 of 2017 (3) dt.27-04-2017 2/3 Mahila P.S. Case No. 23 of 2016 along with affidavit that he will keep the wife with full dignity and care and in the event, the court below finds that petitioner is ready to keep the wife with full honour and dignity, the court below will release the petitioner on provisional anticipatory bail on its own satisfaction for a period of six months and will issue notice to the wife-opposite party No. 2 and on appearance of opposite party No.
2, will try to reconcile the matter and will monitor the relationship between the parties by calling both of them every month in the court and in the event, the court below finds that good conjugal relationship have been restored between husband and wife and wife does not make any complain about the physical and mental torturer committed by the petitioner during the period of her stay with him or court below finds that good conjugal relationship could not be restored on account of indifferent attitude of wife, or the wife does not appear even after service of notice, the court below shall confirm the provisional bail of the petitioner after six months.
Patna High Court Cr.Misc. No.10667 of 2017 (3) dt.27-04-2017 3/3 ready to take her with him, it will be open to the court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner without taking into consideration the observations made above by this court. (Sanjay Priya, J) A.K.V./- U T