Birbal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50240 of 2022 Arising Out of PS. Case No.-339 Year-2014 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Birbal Sah Son Of Shankar Sah Resident Of Village - Alani, P.S.- Salkhua, District - Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Munni Devi Daughter of Parmanand Sah Wife of Birbal Sah, Resident of village - Alani, P.O.- Alani, P.S.- Salkhua, District - Saharsa at present residing at Village - Hanshu Singh Tola, P.S.- Bariapur, District - Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 498(A), 494, 34 of the Indian Penal Code. The basic accusation is of torture for nonfulfillment of dowry demand and performing second marriage.

It is submitted by learned counsel for the petitioner that a false and concocted story has been

Patna High Court CR. MISC. No.50240 of 2022(4) dt.14-02-2023 2/3 created and petitioner has has been implicated in this case. The petitioner is husband of the complainant and he never demanded any dowry. In fact, the complainant is a quarrelsome lady and she herself does not want to live with the petitioner. The marriage of the petitioner with the complainant was solemonized in the year 2006 and there are three children out of the wedlock. The petitioner is still ready to keep the complainant as wife with full dignity and honour. The petitioner denied to have performed second marriage.

Considering the present stand of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Complaint Case No. 339(C) of 2014. If the complainant wishes to reside with the petitioner, she will file a petition to that effect before learned Court below. On receiving such a petition, the

Patna High Court CR. MISC. No.50240 of 2022(4) dt.14-02-2023 3/3 learned Court below will issue notice to the petitioner when the petitioner will be under an obligation to comply the undertaking given before this Court to keep the complainant as wife with full dignity and honour. (Sunil Kumar Panwar, J) Shageer/- U T