Jai Prakash @Jai Prakash Sah @ Supan Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10189 of 2015 Arising Out of PS.Case No. -1655 Year- 2011 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ====================================================== Jai Prakash @Jai Prakash Sah @ Supan Sah Son of Kesho Sah @ Keshav Sah Resident of village - Jitapur, Police Station - Udwantnagar, District - Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Geeta Devi Wife of Jai Prakash Sah @ Supan Sah, daughter of Birendra Sah Resident of village - Jamuaw, Police Station - Sandesh, District - Bhojpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rahul Nath For the Opposite Party/s : Mr. Manoj Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 27-05-2015 Heard Mr. Buxi S.R.P. Sinha learned Sr. Counsel for the petitioner, counsel for the State as well as the complainant. The petitioner being the husband of the complainant is facing accusation punishable under section 498-A and other sections of the IPC arising out of Complaint Case No. 1655(C) of 2011 and prays for grant of anticipatory bail. On instruction, it has been stated by Mr. Sinha that the petitioner has not married any lady except the complainant and that he is always ready to establish matrimonial relationship with his wife and to keep her with all dignity and honour. In order to demonstrate the same the petitioner would deposit a sum of Rs.

Patna High Court Cr.Misc. No.10189 of 2015 (3) dt.27-05-2015 2 / 2 5000/-- for the maintenance/upkeep of his wife. Considering the sincerity of the petitioner, this Court is inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, in the event of arrest/surrender within four weeks from today, the petitioner above named shall be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Ara in Complaint Case No. 1655(C) of 2011 (Tr.No.3461 of 2011) on condition that one of the bailors of the petitioner shall be his own/close family member. He shall appear on each date fixed at the trial. In case of default in appearance on two consecutive dates the trial court shall cancel his bail bonds.

Along with the bail bonds, the petitioner shall produce/furnish a receipt showing payment of Rs. 5000/- to the complainant and/or a bank draft/banker's cheque favouring the complainant without prejudice to his right and defence in the case. The complainant will be entitled to encash the bank instrument and/or use the aforesaid amount.

(Kishore Kumar Mandal, J) HR/- U