Shiv Kumar Sah @ Shiv Kumar Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20191 of 2019 Arising Out of PS. Case No.-37 Year-2018 Thana- MAHILA P.S. District- Madhubani ====================================================== SHIV KUMAR SAH @ SHIV KUMAR SAHU ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :
Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-07-2019 Heard the parties.
The petitioner seeks pre-arrest bail in Madhubani P.S.Case No.37 of 2018 (CRI Case No.701/18) registered for the offence under Sections 341, 323, 498(A), 379/34 of the I.P.C. and Section 3⁄4 of the D.P.Act.
Accusation is of torture of the informant by her husband and other in-laws due to non-fulfillment of dowry demand.
Learned counsel appearing for the petitioner is still ready to keep O.P. No.2 with him as wife with honour and full dignity but she is not ready to live with the petitioner. Further submission is that while the petitioner has filed matrimonial suit for restitution of his conjugal rights who is unemployed whereas the informant is a Government teacher and has filed a suit for
Patna High Court CR. MISC. No.20191 of 2019(4) dt.25-07-2019 2/2 divorce.
Having regard to the facts and circumstances of the case and the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M., Madhubani, Mahila P.S.Case No.37 of 2018 (CRI Case No.701/18) subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Rajendra Kumar Mishra, J) aks/- U