Dharmendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20710 of 2019 Arising Out of PS. Case No.-33 Year-2018 Thana- MAHILA PS District- Khagaria ====================================================== DHARMENDRA SAH Son of Parmanand Sah Resident of Village - Bhadas South, P.S.- Muffasil, Distt.- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Neelam Devi Wife of dharmendra Sah, D/o ganesh Bhaskar Resident of Village - Bhadas South, P.S.- Muffasil, Distt.- Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-08-2019 This application, for grant of anticipatory bail, arises out of Khagaria Mahila P.S. Case No. 33 / 2018, disclosing offences under Sections 341, 323, 498(A)/34 of the Indian Penal Code.

Petitioner happens to be husband of the informant and allegation against him is of subjecting the informant to cruelty and torture in connection with demand of dowry and also of ousting the informant from the house.

Submission of learned counsel for the petitioner is that he is still ready to keep the informant -wife, with full honour and dignity rather it is the informant, who does not want to live with the petitioner alleging that petitioner is a disabled person.

Patna High Court CR. MISC. No.20710 of 2019(4) dt.05-08-2019 2/3 Heard learned A.P.P. as well as learned counsel for the informant. Learned counsel for the informant has submitted that the informant has three daughters from the petitioner and she has been subjected to cruelty by the petitioner and ousted from the house but in spite of that she is still ready to live with the petitioner, if she is kept with full honour and dignity as a wife.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the complainant to appear before the concerned court below on 16.08.2019 and if the petitioner files an affidavit that he is ready to keep the informant with himself with full honour and dignity and if he is willing to take the informant with himself from the court itself, the court below shall release the petitioner on provisional bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) for a period of six months to his own satisfaction and in the meantime, the court below will watch the conduct of the parties by calling the complainant and petitioner in the fourth week of each month for a period of six months and after six months, if the court below is satisfied with the conduct of the parties specially the conduct of the petitioner, he will confirm the provisional bail of the

Patna High Court CR. MISC. No.20710 of 2019(4) dt.05-08-2019 3/3 petitioner otherwise, he would be free to pass any order as he deems fit and proper including cancellation of bail bonds of the petitioner.

With the above observation, this application is disposed of (Vinod Kumar Sinha, J) sunilkumar/- U T