Satyendra Sah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38361 of 2017 Arising Out of PS.Case No. -120 Year- 2016 Thana -KARAKAT District- SASARAM (ROHTAS) ====================================================== Satyendra Sah, Son of Vishwanath Sah, Resident of Village- Jaishree, Police Station- Karakat, District- Rohtas (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Neelam Devi, Wife of Satyendra Sah, D/o Surendra Sah, Resident of Village- Udaypur, Police Station- Sanjhauli, District- Rohtas. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Adv. For the State : Mr. Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-08-2017 Heard learned Counsels for the petitioner and the State. The petitioner, being the husband of the informant, is apprehending arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 504, 506 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The prosecution case is that the marriage of the informant was performed with the petitioner in the year 2011 and subsequently, the informant gave birth to a male child, but, thereafter, further dowry demand of motorcycle and Rupees One Lakh was made and on non-fulfillment of the same, the torture was inflicted. Ultimately, the informant was driven out from the matrimonial house.
Patna High Court Cr.Misc. No.38361 of 2017 (2) dt.19-08-2017 2/3 Learned Counsel for the petitioner submits that the petitioner admits his marriage with the informant and he is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in paragraph 8 of the petition which reads as follows:- "That the petitioner is the husband of the informant opposite party no.2 and he is ready to keep his wife/O.P. No.2 and children with full dignity and honour in his house."
Considering the present stand of the petitioner that he is ready to keep the informant as wife, let the above named petitioner be released on provisional anticipatory bail for six months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bikramganj, Rohtas, in connection with Karakat P.S. Case No.120/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the learned Court below issue notice to the informant for her appearance. On her appearance, the petitioner will take the informant to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be confirmed
Patna High Court Cr.Misc. No.38361 of 2017 (2) dt.19-08-2017 3/3 by learned Court below in three eventualities (i) if the matrimonial harmony is substantially restored or, (ii) if the informant fails to appear before the learned court below, or (iii) if the informant gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Ashwini/- U T