Tapsi Sahni v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3632 of 2017 Arising Out of PS.Case No. -1355 Year- 2010 Thana -BEGUSARAI COMPLAINT CASE DistrictBEGUSARAI ====================================================== Tapsi Sahni, son of Deo Narayan Sahni, resident of village- Nath Bagar, P.S.-Naokothi, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar &
2. Puja Devi, wife of Tapsi Sahni, at present d/o Ram Bilash Sahni, resident of village- Dandari, P.S.- Balliya, District- Begusarai. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 23-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks bail in Complaint Case No.1355-C of 2010 instituted for the offence under Section(s) 498-A Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Petitioner-husband is present in Chambers.
None appears on behalf of the Opposite Party No.2 although as per service report notice of the Opposite Party No.2 has been received by her father.
It has been submitted by the husband that he is ready to keep the wife.
In such circumstances, this application is disposed
Patna High Court Cr.Misc. No.3632 of 2017 (3) dt.23-03-2017 2/3 off with direction to petitioner to surrender before the Court below i.e. Sub-Divisional Judicial Magistrate, Begusarai, within a period of four weeks from today in connection with Complaint Case No.1355-C of 2010, along with Affidavit that he will keep the wife with full dignity and care and in the event the Court below finds that petitioner is ready to keep the wife with full dignity and care, the court below will release the petitioner on provisional bail on its own satisfaction for a period of six months and will issue notice to the wife-Opposite Party No.2 and on appearance of Opposite Party No.
2, will try to reconcile the matter and will monitor the relationship between the parties by calling both of them every month in the Court and in the event the Court below finds that good conjugal relationship have been restored between husband and wife and wife does not make any complain about the physical and mental torture committed by the petitioner during the period of her stay with him or Court below finds that good conjugal relationship could not be restored on account of indifferent attitude of wife, or the wife does not appear even after service of notice, the Court below shall confirm the provisional bail of the petitioner after six months.
Patna High Court Cr.Misc. No.3632 of 2017 (3) dt.23-03-2017 3/3 above, or during the period of monitoring the wife makes complain about physical and mental torture committed by the petitioner or on appearance of wife the petitioner does not become ready to take her with him, it will be open to the Court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner without taking into consideration the observations made above by this Court. (Sanjay Priya, J) JA/- U T