Bhola Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30471 of 2015 Arising Out of PS.Case No. -1976 Year- 2014 Thana -DARBHANGA COMPLAINT CASE District- DARBHANGA ====================================================== Bhola Sah, Son of Raghunath Sah, Resident of Village - Gathulli, P.S. - Keoti, District - Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mamta Devi, D/o Satto Sah, Resident of Village - Shobhan, P.S. - Simri, District - Darbhanga.

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

For the Petitioner : Mr. Mohammad Sufyan, Advocate For the S t a t e : Mr. A.K.Chaudhary(APP) For O.P. No.2 : Mr. Girish Chandra Jha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of O.P. No.2 as well as the learned counsel for the State.

The petitioner and the O.P. No.2 are present in person today.

It appears that the petitioner is willing and ready to take his wife (O.P. No.2) with all honour and dignity, but the O.P. No.2 is slightly apprehensive of going with her husband. It is submitted by the learned counsel for the petitioner that the petitioner is also willing to pay Rs.50,000/- (Fifty thousand) by way of compensation. However, O.P. No.2 having declined to live with her husband and also having declined to

Patna High Court Cr.Misc. No.30471 of 2015 (6) dt.30-11-2015 2/2 accept the aforementioned amount, this Court is left with no option but to direct the parties to enter into further negotiations for resolution of the amount of settlement.

In view of the present facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Darbhanga, in connection with C.R. No.1976 of 2014, T.R. No.3318 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T