Surendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41791 of 2019 Arising Out of PS. Case No.-906 Year-2018 Thana- MUZAFFARPUR SADAR District- Muzaffarpur ====================================================== SURENDRA SAH, male, aged about 42 years, Son of Late Santhal Sah Resident of Village - Mohammadpur Patahi, P.S.- Sadar, Distt - Muzaffarpur.

... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Lalita Sah, female, aged about 36 years, Wife of Surendra Sah Resident of Village - Mohammadpur Patahi, P.S.- Sadar, Distt - Muzaffarpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Ramadhar Shekhar, Advocate.

For the Opposite Parties:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 498(A) of the Indian Penal Code registered in connection with Sadar P.S. Case No. 906 of 2018.

3. It is submitted that the petitioner has been falsely implicated and this is the first complaint of its nature since the parties were married as far back as 22 years ago. The petitioner expresses his readiness to keep the informant with due dignity and honour and submits that it is the informant who is not willing to live with him. It is submitted that after 22 years of marriage the accusation of demand for dowry is highly improbable. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named

Patna High Court CR. MISC. No.41791 of 2019(2) dt.08-07-2019 2/2 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 906 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T