Manoj Kumar Sah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56347 of 2018 Arising Out of PS.Case No. -957 Year- 2017 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ====================================================== Manoj Kumar Sah S/o Late Ram Chandra Sah, R/o Vill.- Jaffarpur Khutahi, P.S.- Paroo , District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sumitra Devi W/o Manoj Kumar Sah, R/o Jaffarpur Khutahi , P.S.- Paroo, District- Muzaffarpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 498A & 323 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
Allegation has been made for torture and misbehavior by the husband.
Learned counsel for the petitioner submits that the matter has already been settled and there is no longer dispute between the parties.
Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let
Patna High Court Cr.Misc. No.56347 of 2018 (2) dt.20-09-2018 2 /2 petitioners, namely, Manoj Kumar Sah, be released on provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. (West) Muzaffarpur in connection with Complaint Case No. 957 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that petitioner should appear before the court below and the court below will call opposite party no.2 and if the court below finds that the parties have settled the dispute outside the court, the provisional anticipatory bail will be treated to have been confirmed. (Shivaji Pandey, J) Vinay/Sunny U T