Lalu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25733 of 2019 Arising Out of PS. Case No.-1175 Year-2017 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== LALU SAH Son of Sukhlal Sah Resident of Birauli Bazar, P.S.- Rupauli, District- Purnea.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Priti Devi Wife of Lalu Sah Daughter of Sadanand Sah, Resident of Charwaha Vidayalya Manihari, P.S.- Manihari, District- Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with C.A.Cae No.1175 of 2017 registered for offences punishable under Sections 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of demand of Rs.01 lac and for that assaulting her and ousting her from the house after snatching ornaments.

Submission of the learned counsel for the petitioner is that the allegation is false and she is not ready to reside with the petitioner. Petitioner has filed Matrimonial Case No.360 of 2017 under Section 9 of the Hindu Marriage Act for restitution of conjugal right and the he is still ready to keep her with dignity and care.

Patna High Court CR. MISC. No.25733 of 2019(4) dt.08-07-2019 2/2 Heard learned A.P.P. and the learned counsel for O.P.no.2, who has no objection in residing with the petitioner, unless she is allowed to live with the dignity and care. Having heard both sides and in view of the facts and stands of both the parties, let the petitioner appear on 16.7.2019 before the learned court below and on that day also O.P.no.2 shall also remain present and on filing of an affidavit by the petitioner that he is ready to keep her and take her from the court below itself, the provisional bail granted to the petitioner, vide order dated 22.4.

2019 shall be extended for a period of six months and during that period, both the parties may appear before the court below in the second week of each month so that the court may watch their matrimonial relationship and the conduct of both the parties and once being satisfied with the conduct of both the parties especially the conduct of the petitioner, he will either confirm the bail bond of the petitioner or pass any other order or orders as he deems fit and proper. With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T