Satyendra Ram @ Satendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36980 of 2019 Arising Out of PS. Case No.-53 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== SATYENDRA RAM @ SATENDRA RAM Son of Late Dhanu Ram @ Dhenu Ram Resident of Village - Babuganj, P.S.- Tilauthu, Dist.- Rohtas. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR Bihar 2.
Sangita Devi W/o Satyendra Ram, D/o Shankar Ram Resident of Village - Govindapur, P.O., P.S.- Rohtas, Dist.- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Singh For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Complaint Case No.53 of 2018 registered for offences punishable under Sections 498A, 323, 379/34 of the Indian Penal Code.
Case is under Section 498A of the IPC with allegation of demand and torture. It appears from order dated 5.11.2019 that in view of the stands of both the parties, both parties were directed to remain present so that the petitioner may take her from the court below itself. Petitioner is present in person but the O.P.no.2 could not appear . It is submitted that she could not come as her minor child is ill but she is ready to reside with the petitioner.
Heard learned APP also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender on
Patna High Court CR. MISC. No.36980 of 2019(8) dt.22-11-2019 2/2 10.12.2019 and on that day O.P.no.2 shall also remain present in the court below and if the O.P.no.2 is ready to reside with the petitioner, he has to keep her with dignity and care and on that condition the petitioner shall be released on provisional bail in connection with Complaint Case No.53 of 2018, for a period of six months and during that period, both the parties have to appear before the learned court below in the fourth week of each month so that the learned court below may watch the conduct and of both the parties an once being satisfied with the conduct of both the parties and their matrimonial relationship especially the conduct of the petitioner, the bail bond of the petitioner shall be confirmed otherwise the learned court below is free to pass any other order or orders as he deems fit and proper including cancelling the bail bond of the petitioner.
It is needless to say that if O.P.no.2 does not appear or she is not ready to reside with the petitioner, the petitioner shall be released on bail by the learned court below. With the aforesaid direction, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T