Bhola Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50910 of 2023 Arising Out of PS. Case No.-226 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== BHOLA SAH S/O Ram Naresh Sah R/O Village- Sishani, P.S- Pakaridayal, Distt.- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ram Janam Sah S/O Late Ram Bharosh Sah R/V- Mirpur, P.S-Mirpur, P.SChiraiya, Distt.- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP For the O.P. No.2 : Mr. Dhannjay Kumar No.2, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A, 323 and 504/34 of the Indian Penal Code.

3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. Learned counsel for

Patna High Court CR. MISC. No.50910 of 2023(4) dt.08-05-2024 2/2 the petitioner further submits that in compliance of the order passed in Maintenance Case he is paying Rs.1000/- for the child and Rs.5000/- for the opposite party no.2. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. On the other hand, learned counsel for the opposite party no.2 submits that the order in the maintenance case was passed on 06.03.2021 but the petitioner has paid only Rs.50,000/- up till now.

6. Considering the facts and circumstances of the case, the nature of the offence and in the interest of justice, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No.226 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. Petitioner is directed to comply the order passed in the maintenance case in its true letter and spirit. (Anjani Kumar Sharan, J) Trivedi/- U T