Rajesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20059 of 2020 Arising Out of PS. Case No.-1746 Year-2015 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Rajesh Sah, Son of Hari Sah Resident of Village-Maniyarpur, P.S.-Tetariya, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kiran Devi, D/o Madan Sah Resident of Village-Sishani, P.S.-Pakaridayal, District-East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prateek Tondon, Advocate For the Opposite Party/s :

Ms. Dr. Indiwar Kumari, APP For the Opposite Party No. 2:

Mr. Sangeet Deokuliar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-11-2020 Heard Prateek Tondon, learned counsel for the petitioner, Mr. Sangeet Deokuliar, learned counsel for the opposite party no. 2 and Ms. Dr. Indiwar Kumari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1746 of 2015/Tr. No. 1255 of 2019 in which cognizance has been taken under Section 498A of the Indian Penal Code.

At the outset, learned counsel for the petitioner submits that he is ready to take back his wife to her matrimonial fold and also assures this Court that he shall behave properly and shall accord all dignity and

Patna High Court CR. MISC. No.20059 of 2020(4) dt.09-11-2020 2/2 honour to which opposite party no. 2 is entitled as the legally wedded wife of the petitioner.

Learned counsel appearing for the opposite party no. 2, however submits that though the opposite party no. 2 is ready to join the matrimonial fold but informs this Court that on several occasions she has been badly assaulted for no fault of hers.

Regard being had to the stand taken by the petitioner and acceptance of the aforesaid offer by the counsel for the opposite party no. 2, this Court deems it appropriate that a further chance be given to the petitioner to mend his ways and keep opposite party no. 2 as his legally wedded wife in a proper manner. The provisional bail granted to the petitioner is hereby confirmed. He shall be allowed to remain on the same bail bonds.

However, if the petitioner does not treat properly the opposite party no. 2, it would be open for the opposite party no. 2 to approach this Court for cancellation of the bail of the petitioner.

The petition stands disposed of accordingly.

(Ashutosh Kumar, J) krishna/- U T