Sakaldeo Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28088 of 2015 Arising Out of PS.Case No. -411 Year- 2014 Thana -BIHPUR District- BHAGALPUR ====================================================== Sakaldeo Sah S/o Bhagwan Sah Resident of Village Sakri, P.S. Udakishunganj, District Madhepura.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Sulekha Kumari D/o Sri Jawahar Lal Sah Resident of Village Chauhadi, P.S. Bihpur, District Bhagalpur.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Vivekanand Vivek, Advocate.

For the Opposite Parties : Mr. Rajendra Singh Shastrijee (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 394 and other Sections of the Indian Penal Code.

The first wife of the petitioner made allegation that the petitioner subjected her to physical and mental torture due to nonfulfillment of demand of dowry and the petitioner also solemnized second marriage with one Kajal Kumari, D/O Raj Kumar Sah. It is submitted that the petitioner is ready to keep his wife or resolve the disputes amicably within two months. Considering the facts aforesaid, the petitioner above named is directed to surrender in the court below within four

Patna High Court Cr.Misc. No.28088 of 2015 (2) dt.24-07-2015 2/2 weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail, after issuing notice to the informant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Additional Chief Judicial Magistrate, Naugachia, in Bihpur (Bhawanipur) P.S. Case No. 411 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute does not resolve within three months the court below shall pass order in accordance with law on the provisional bail of the petitioner.

(Prabhat Kumar Jha, J.) KKSINHA/- U T