Birendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46174 of 2014 Arising Out of PS.Case No. -818 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== BIRENDRA SAH S/O ACHHELAL SAH R/O VILLAGE - BARWA KHURD, P.S.

KUNDWA CHAINPUR, DISTRICT - EAST CHAMPARAN, MOTIHARI .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR & ANR.

.... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra, Adv. For the Opposite Party/s : Mr. Nand Kishor Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 06-07-2015 Heard learned respective counsels as well as learned Additional Public Prosecutor.

It happens to be dispute amongst spouses and on account thereof, institution of a case under Section 498(A) along with other allied sections.

Respective counsels are of the view that as the petitioner is ready to join hand with his wife, the complainant on account thereof, such offer be made on his behalf before the learned lower court itself and the learned lower court will keep watch over conduct of petitioner during stay of complainant with him and in case learned lower court finds that matter has properly been patched up, will decided the issue, accordingly. Accordingly, petitioner Birendra Sah is directed to surrender before the learned lower court with an offer whereupon

Patna High Court Cr.Misc. No.46174 of 2014 (3) dt.06-07-2015 learned lower court will notice complainant Nirmala Devi and then thereafter, the petitioner will give an undertaking that henceforth he will not subject his wife with any kind of torture, cruelty and further, during course of stay, the learned lower court will perceive their conjugal relationship coupled with behaviour of the petitioner. During midst thereof, petitioner will be released on provision bail by the learned lower court itself. With the aforesaid observation, instant petition is disposed of.

(Aditya Kumar Trivedi, J.) PN/- U T