Dilip Sahani v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11472 of 2017 Arising Out of PS.Case No. -878 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT DistrictEAST CHAMPARAN(MOTIHARI) ====================================================== Dilip Sahani, Son of Late Inderjeet Sahani, Resident of Village-Ekauna P.S.-Chiraiya, District-East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Heera Mati Devi, Wife of Dilip Sahani, daughter of Jai Ram Sahani Resident of Village-Kawal Pur Kanahi Tola, P.S.-Turkauiya, DistrictEast Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Complaint Case No. 878 of 2013 (Trial No. 1396 of 2016) instituted for the offence under Sections 323, 324, 379, 498A and 504/34 of the Indian Penal Code. Earlier petitioner was released on provisional bail by a coordinate Bench of this Court vide order dated 17.9.2015 passed in Cr. Misc. 44293 of 2015 but he was arrested because his bail bonds was cancelled as he did not appear before the court below on the date so fixed.
It has been submitted on behalf of the petitioner that he is ready to keep his wife (opposite party No. 2). Learned counsel for the opposite party No. 2 has submitted that the petitioner has violated the terms and condition of the order
Patna High Court Cr.Misc. No.11472 of 2017 (3) dt.09-05-2017 2/3 dated 17.9.2015 and, therefore, his bail bond was cancelled and he has been arrested. He has performed another marriage with Basmati Devi. It has further been submitted that Maintenance case is pending between the parties.
Petitioner has denied of performing second marriage with Basmati Devi. He has further stated that he is ready to keep the opposite party No. 2 (wife).
In such circumstances, the petitioner is directed to be released on provisional bail for a period of six months to be calculated from the date of his release, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Manoj Kumar, Judicial Magistrate, 1st Class, Sikrahana at Dhaka, East Champaran, in connection with Trial No. 1396 of 2016 arising out of Complaint Case No. 878 of 2013 subject to the condition that both the bailors will be the close relatives of the petitioner. During the period of provisional bail, the court below will try to restore conjugal relationship between petitioner (husband) and the opposite party No. 2 (wife) by issuing notice to the wife-Opposite Party No.
Patna High Court Cr.Misc. No.11472 of 2017 (3) dt.09-05-2017 3/3 be restored on account of indifferent attitude of wife, or the wife does not appear even after service of notice, the Court below will confirm the provisional bail of the petitioner after six months. (Sanjay Priya, J) S.Ali/- U T