Birendra Sah v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.43659 of 2014 (3) dt.31-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43659 of 2014 Arising Out of PS.Case No. -88 Year- 2014 Thana -BARGANIA District- SITAMARHI ====================================================== Birendra Sah Son of Shambhu Sah Resident of Village - Panchtaki Yadu, P.S. - Bairgania, Distt. - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Samundari Devi @ Shyam Sundari Devi Wife of Birendra Sah and D/o Ganeshi Sah Resident of Village - Jamua Tole, Pakaria, P.S. - Bairgania, Distt. - Sitamarhi.

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Bairgania P.S. Case No. 88 of 2014 registered for the offences punishable under Sections 307 and 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner as well as the opposite party no. 2 submits that the parties have now reconciled their differences and are willing to live together. Considering the aforesaid submissions, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of

Patna High Court Cr.Misc. No.43659 of 2014 (3) dt.31-03-2016 receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in connection with Birgania P.S. Case No. 88 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, it is made clear that if the petitioner does not collect her from her maternal home within a period of three weeks from the date of receipt/production of a copy of this order and if, at all, there shall be any recurrence of untoward incident, it shall be open for the opposite party no. 2 to file application for modification/cancellation of this order.

(Anjana Mishra, J) Jagdish/- U T