Pramod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28287 of 2020 Arising Out of PS. Case No.-355 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== PRAMOD SAH Son of Hari Shankar Sah Resident of Village- Dinara, P.S.- Dinara, District- Rohtas.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Rina Devi Wife of Pramod Sah and Daughter of Sanjay Sah Resident of Village- Mahror, Post Office- Natwar, P.S.- Natwar, District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-10-2021 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehend his arrest in connection with Complaint case no. 355 of 2018 registered for the offences punishable under Sections 323, 498A,379,504/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act. Rina Devi, who is wife of petitioner, has lodged the case for commission of atrocity upon her for non fulfillment of dowry demand by the petitioner and her in-laws. In order to explore the possibility of amicable

Patna High Court CR. MISC. No.28287 of 2020(5) dt.27-10-2021 2/2 settlement as per direction of this Court the notice was issued to opposite party no. 2. The office note shows that as per service report, opposite party no 2 has received the notice and granted the receipt thereof, but till date none has appeared on behalf of the opposite party no.2.

Learned counsel for the petitioner has submitted that he has already filed a case for restitution of conjugal rights in the court of Principal Judge, Family Court, Rohtas. Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioner has already instituted a suit for restitution of conjugal rights for keeping the victim with him, let the petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Bikramganj, Rohtas in Complaint Case no. 355 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C.

N.K/- (Nawneet Kumar Pandey , J) U