Devendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1557 of 2021 Arising Out of PS. Case No.-2080 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== DEVENDRA SAH Son of Fudi Sah Resident of Village - Fulwaria, Dostiya, P.S.- Kundwa Chainpur, Dist.- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anita Devi Wife of Devendra Sah Daughter of Yogendra Sah, Resident of Village - Fulwaria, Dostiya, P.S.- Kundwa Chainpur, Dist.- East Champaran, Presently Resident of Village - Jihuli, P.S.- Patahi, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. C 2080 of 2019 instituted for the offence under Sections 498(A) of the Indian Penal Code. This case relates to torture and harassment due to nonfulfillment of motorcycle and Rs. one lakh as further dowry demand and finally husband of the complainant and his family

Patna High Court CR. MISC. No.1557 of 2021(5) dt.02-12-2021 2/3 members ousted her from matrimonial home after snatching her belongings.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the complainant and has been falsely implicated in this case. He has never demanded any thing from the complainant. It is further submitted by learned counsel for the petitioner that petitioner is ready to keep his wife with full honour and dignity.

Learned counsel for the informant has asserted that complainant is also ready to live with her husband. Having heard learned counsel for the parties and considering the submission made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. C 2080 of 2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

However, informant is directed to remain present at

Patna High Court CR. MISC. No.1557 of 2021(5) dt.02-12-2021 3/3 the time of filing of the bail bond and she will assert before the court below that she is living with her husband happily. (Sunil Kumar Panwar, J) sushma/- U