Anil Shah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54754 of 2017 Arising Out of PS.Case No. -84 Year- 2016 Thana -MAHILA PS District- BUXAR ======================================================

1. Anil Shah, Son of Langatu Shah @ Anup Chandra, resident of VillageSonbarsha, P.S.- Buxar (Ind), District- Aurangabad (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nisha Kumari Daughter of Shiv Kumar Shah, resident of VillageBisheshwar Dera (Chakki), P.S.- Brahampur, District- Buxar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-11-2017 The petitioner seeks regular bail in connection with Buxar (Mahila) P.S. Case No. 84 of 2016, registered for offences punishable under Sections 341, 323, 504, 506, 498(A), 406/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. Allegation against the petitioner is of demand of dowry from the informant and subjecting her to torture and there is also allegation against the petitioner that he after snatching all the belongings from the informant ousted her from his house. It has been submitted on behalf of the petitioner that only general and omnibus allegation has been made and he has been in custody for two months and he is still ready to keep his wife (informant) with full honour and dignity.

Patna High Court Cr.Misc. No.54754 of 2017 (2) dt.17-11-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, in view of the submission of learned counsel for the petitioner that he is ready to keep in the informant with full honour and dignity as a wife, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Buxar, in connection with Buxar (Mahila) P.S. Case No. 84 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation

Patna High Court Cr.Misc. No.54754 of 2017 (2) dt.17-11-2017 3/3 of his bail.

It is further made clear that if opposite party no. 2 is also ready to live with the petitioner, petitioner has to keep her with full honour and dignity and secondly, petitioner has to cooperate in maintenance case, if any, filed /or tobe filed by the informant and on failure to comply any of the above direction, informant shall be at liberty to move for cancellation of bail bonds of the petitioner.

(Vinod Kumar Sinha, J) sunil/- U T