Amod Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22370 of 2020 Arising Out of PS. Case No.-138 Year-2019 Thana- BIHRA District- Saharsa ====================================================== AMOD KUMAR SAH S/o Late Gopal Sah Resident of Bihra Bela, P.S-Bihra, District-Saharsa.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Asha Devi W/o Amod Kumar Sah Resident of Bihra Bela, P.S.-Bihra, District-Saharsa at present residing in Village-Ithara Ward No.6, P.S.-Sour Bazar (Baidyanathpur O.P.), District-Saharsa. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2021 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bihra P.S. Case No. 138 of 2019, registered for the offence punishable under Sections 307 and 498(A)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Despite service of notice on opposite party No.2, she has not entered appearance.

The petitioner is the husband of opposite party No.2. The allegation against the petitioner and his family members is of pressurizing the family members of the informant for fulfillment of demand of dowry. There is allegation of

Patna High Court CR. MISC. No.22370 of 2020(3) dt.09-03-2021 2/3 physical and mental torture meted out to the informant by her in-laws. It is also alleged that the petitioner had pushed the informant into a river, from where she somehow rescued. Learned counsel appearing on behalf of the petitioner has argued that the dispute between the petitioner and the informant is apparently matrimonial in nature and false allegations of demand of dowry and torture have been made in the First Information Report.

Be that as it may, considering the facts and circumstances, since there is no opposition for prayer for grant of bail by the informant despite service of notice, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa, in Bihra P.S. Case No. 138 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to

Patna High Court CR. MISC. No.22370 of 2020(3) dt.09-03-2021 3/3 appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T