Patna High CourtCR. MISC./28932/2014bail granted

Sabal Kumar Sah v. State Of Bihar And ANR

2015-06-24Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.28932 of 2014 (3) dt.24-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28932 of 2014 Arising Out of PS.Case No. -145 Year- 2013 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Sabal Kumar Sah son of Sri Ganga Prasad Sahu, resident of village/Mohalla - Laheri Tola, Pandasani, Police Station - Laheriasarai, District - Darbhanga.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Sujata Devi wife of Sabal Kumar Sah, daughter of Parmeshwar Sahu R/O Piprahi, P.S. Ladania, District - Madhubani.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Kishun Prasad, Advocate. For the Opposite Party/s : Mr. Gagan Deo Yadav, AOR-408 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-06-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 384, 379, 498A, 120(B)/34 of the Indian Penal Code registered in connection with Complaint Case C.R. No. 145 of 2013.

3. It is submitted that well before the filing of the complaint petition on 12.02.2013 by the opposite party no. 2, the petitioner had filed for divorce in Matrimonial Case No. 172 of 2011 before the learned Principal Judge, Family Court, Darbhanga which is pending. It is submitted that a Panchayati was also held when the opposite party no. 2 had given undertaking to live properly and harmoniously

Patna High Court Cr.Misc. No.28932 of 2014 (3) dt.24-06-2015 in her matrimonial home.

4. Learned counsel for the opposite party no. 2 appears and has been heard.

5. The genuineness of the document showing her undertaking before the Panchayat as contained in Annexure2 has not been disputed.

6. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 01.12.2014 pending in the Court of Sri Subir Kumar, learned Judicial Magistrate, Ist Class, Madhubani in connection with Complaint Case C.R. No. 145 of 2013 is hereby confirmed.

(Vikash Jain, J) Md. Ibrarul/- U T