Kanhaiya Lal Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31423 of 2017 Arising Out of PS.Case No. -545 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Kanhaiya Lal Sah Son of Shri Mahesh Sah, Resident of Village- Laukaria Babu Tola, Police Station Bairia, District- West Champaran .... Petitioner

Versus

1. The State of Bihar.

2. Reshami Kumari @ Reshami Devi D/o Pradip Sah, W/o Kanhaiya Lal Sah, Resident of Village- Laukaria Babu Tola, Police Station- Bairia, District- West Champaran. at present Resident of Village- Pashchimi Kargahiya Ward No.2, Police Station- Bettiah Town, District- West Champaran .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Brij Kishor Mishra, Adv. For the Opposite Parties : Mr. Rajendra Nath Jha, APP 46 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-07-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 323, 324, 498A and 406 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act. The petitioner is husband of opposite party no. 2. There is allegation of demand of dowry and torture for the same. In paragraph 10 of the petition it has been stated that the petitioner is ready for amicable settlement of dispute and restoration of conjugal life.

In the circumstances, let the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees

Patna High Court Cr.Misc. No.31423 of 2017 (2) dt.13-07-2017 2/2 ten thousand) with two sureties of the like amount each in connection with S.C. Case No. 979 of 2016 arising out of Complaint Case No. 545-C of 2015 to the satisfaction of the Subdivisional Judicial Magistrate, West Champaran at Bettiah, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code and, further, with the condition that the Court below shall notice the parties and take necessary steps for amicable settlement. If the petitioner would be found cooperative in the settlement of dispute and willing for restoration of conjugal life, then, the provisional anticipatory bail shall be confirmed by the Court below, itself, otherwise necessary order would be passed according to law. (Birendra Kumar, J) SA/- U √ T √