Raj Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25431 of 2019 Arising Out of PS. Case No.-1075 Year-2017 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== RAJ KUMAR SAH Son of Manoj Sah Resident of Village - Naula, P.S.- Bhagwanpur, Distt.- Begusarai.
... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Puja Kumari D/o Muni Lal Sah Resident of Village - Asrafa Dira, P.s.- Ballia, Distt.- Begusarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhesh Pandey For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2020 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Complaint Case No.1075C of 2017 , registered for offences punishable under Section 498A of the Indian Penal Code and Sections 3⁄4 of the D.P.Act.
As per the complaint petition, petitioner happens to be husband of the complainant and there is allegation against him that he demanded one motorcycle and Rs.01 lac and for that he used to assault to the complainant and he along with his mother tried to kill her by sprinkling k-oil but any how she was saved.
Patna High Court CR. MISC. No.25431 of 2019(6) dt.08-01-2020 2/3 Submission of the learned counsel for the petitioner is that she is not ready to reside with the petitioner and before the learned court below also petitioner has submitted that he is ready to keep her and his stand is that he is ready to keep her but in spite of the notice she has not appeared . From perusal of the record, it appears that earlier notice was issued to the O.P.no.2 and the same was received by his mother , for which the petitioner has also filed petition for jointness showing that she was residing with her mother and there is no adverse interest between them.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Begusarai in connection with Complaint Case No.1075 C of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that if the O.P.no.2 is ready to reside with the petitioner, he has to
Patna High Court CR. MISC. No.25431 of 2019(6) dt.08-01-2020 3/3 keep her with dignity and care..
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T