Sheo Nath Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33355 of 2024 Arising Out of PS. Case No.-78 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Sheo Nath Sao Son of Ganauri Sao, Resident of Village Dema, Police StationKhizarsarai, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandni Kumari Wife of Sheo Nath Sao Resident of Village- Dema, Police Station- Khizarsarai, District-Gaya. At present Gopalganj Road, Jawahar Nagar, Police Station- Buniyadganj, District-Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-11-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No.2.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 504, 498(A) of the Indian Penal Code & Sections 3⁄4 of the D.P. Act.

3. Learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the instant case by the O.P. No.2. It is next submitted that the petitioner is willing to keep the O.P. No.2 with honour and dignity along with the child. It is also submitted that after wedlock, three children were born, the elder child is staying

Patna High Court CR. MISC. No.33355 of 2024(4) dt.20-11-2024 2/2 with the petitioner and the younger one is staying with the O.P. No.2. It is also submitted that from perusal of the allegation as alleged in the complaint, it would manifest that the dispute is trivial.

4. Learned counsel appearing on behalf of the O.P. No.2 submits that even O.P. No.2 intends to restitute her conjugal rights but then presently there is a marriage in her family, as such, she will accompany the petitioner after one month.

5. Be that as it may, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No.78/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T