Shatrudhan Sah @ Shatrudhan Kumar Sah @ Shatrudhan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74352 of 2018 Arising Out of PS. Case No.-25 Year-2018 Thana- MAHILA P.S. District- Rohtas ====================================================== Shatrudhan Sah @ Shatrudhan Kumar Sah @ Shatrudhan Kumar, Son of Ramakant Sah, Resident of Village- Pachrukhiya, Police Station-Piro, District-Bhojpur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Puja Devi, Daughter of Kariman Sah, Resident of Village- Jamorhi, Police Station-Birkramganj, District-Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Smt. Reena Sinha,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and the State as well as opposite party no.2.

The petitioner apprehends his arrest in connection with Mahila Police Station Case No. 25 of 2018 for the offence under Sections 498A, 341, 323, 406/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is ready to keep opposite party No.2 as wife with full dignity and honour.

Learned counsel for the opposite party No. 2 submits that she is ready to stay with her husband provided that the petitioner (husband) keeps her as wife with full honour and dignity and takes care.

Considering the submissions advanced by the parties

Patna High Court Cr.Misc. No.74352 of 2018(2) dt.20-12-2018 2/2 and there is chance of settlement of dispute between the husband and wife, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on provisional bail for a period of one year on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rohtas at Sasaram in connection with Mahila Police Station Case No. 25 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the further condition that one of the bailors should be the wife of the petitioner, which is accepted by the learned counsel appearing on behalf of opposite party no.2.

In the meantime, the petitioner is under obligation to keep his wife with honour and full dignity.

On completion of one year, the court below will assess the relationship of husband and wife and if it is found that there is transformation in the behaviour of the husband and the wife and normalcy is restored, the court below will make the provisional bail of the petitioner absolute.

(Anil Kumar Upadhyay, J) uday/- U T