Rahul Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26803 of 2019 Arising Out of Case No.-127 Year-2018 ROHTAS COMPLAINT CASE District- Rohtas ====================================================== RAHUL SAH Son of Sri Ramesh Sah Resident of Village- Sarfora, P.O.- Jamodhi, P.S.- Tarari, District- Bhojpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pooja Kumari Wife of Rahul Sah Resident of Village- Sarfora, P.O.- Jamodhi, P.S.- Tarari, District- Bhojpur, at present daughter of Sunil Prasad, Resident of Village- Kastar Mahadev, P.S.- Bikramganj, District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aditya Narayan Singh.1 For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-09-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. 127/ 2018 for the offences allegedly committed by the petitioner under Section 498A/34 of the IPC.

The learned counsel for the petitioner submits that the petitioner is husband and he is ready to keep his wife with all honour and dignity.

The learned counsel for the complainant submits that the complainant is also ready to live with petitioner provided her husband would not have solemnized second marriage. Taking into consideration the facts aforesaid and the undertaking given by the petitioner that he is ready to keep his

Patna High Court CR. MISC. No.26803 of 2019(4) dt.27-09-2019 2/2 wife with all proper care, the petitioner, above named, is directed to surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order and on such the learned court below shall enlarge the petitioner on provisional anticipatory bail for four months on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Complaint case No. 127/ 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The learned court below shall make all efforts for resolving the dispute between the husband and wife and if the petitioner is ready to keep his wife properly the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife properly, the learned court below shall pass order on the provisional bail of the petitioner, in accordance with law, immediately after four months.