Deepak Raj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37581 of 2019 Arising Out of PS. Case No.-273 Year-2018 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== DEEPAK RAJ SAH Son of Shri Harinarayan Sah Resident of Village - Kudwa, P.O. Gotpa, P.s.- Agrer, Dist.- Rohtas (Sasaram) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Parvati Devi @ Sheela Devi W/o Deepak Raj Sah, D/o Shri Niwas Sah Presently Resident of Village - Kudra (Chakiya Mohalla), P.s.- Kudra, Dist.- Kaimur (Bhabhua).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-06-2019 Heard the learned counsel for the petitioner, the complainant and the learned A.P.P. for the State. The petitioner seeks bail in Complaint Case No. 273/2018, instituted for offence under Section(s) 498A of the Indian Penal Code read with Section 4 of D.P. Act. The complainant is physically present in Court. It is alleged in the written report that petitioner was married with informant in the year 2016. After marriage one daughter was born from the wedlock. The informant was tortured because of giving birth to daughter and also for nonfulfillment of demand of four wheeler. She was ultimately ousted from her matrimonial house. Thereafter she came back to her Maika.

Patna High Court CR. MISC. No.37581 of 2019(2) dt.25-06-2019 2/3 Learned counsel for the complainant has submitted that earlier complainant had appeared before the court below and agreed to go with petitioner. Accordingly, petitioner was granted anticipatory bail on the submission that he will file an undertaking in the court below within one month that he will take back the complainant to her matrimonial house and give her a fair treatment, but petitioner never took any step after grant of anticipatory bail.

Learned counsel for the complainant has submitted that petitioner has forcibly kept her one year old daughter with him and ousted her from the house. Petitioner is not ready to keep the complainant with him although she is always ready to live with petitioner.

The counsel for petitioner has submitted in Court that petitioner is not ready to keep the complainant. Considering the aforesaid facts, this Court is not inclined to grant bail to petitioner. Accordingly, prayer for bail of petitioner is rejected.

The trial court is directed to expedite the trial and conclude the same as early as possible preferably within a period of six months from the date of receipt of copy of this order.

Patna High Court CR. MISC. No.37581 of 2019(2) dt.25-06-2019 3/3 Petitioner is given liberty to renew the prayer for bail in the event trial is not concluded within aforesaid period. (Sanjay Priya, J) rakhi/- U T