Patna High CourtCR. MISC./51374/2014disposed

Santosh Kumar Sah v. The State Of Bihar And ORS

2015-05-14Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.51374 of 2014 (2) dt.14-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51374 of 2014 Arising Out of PS.Case No. -563 Year- 2013 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== SANTOSH KUMAR SAH S/O SURESH SAH RESIDENT OF VILLAGE PATEDHI BHAI KHAN, P.S. BELSAR, DISTRICT VAISHALI. .... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR.

2. SAHBEER SAH S/O LATE DHODHA SAH

3. REKHA DEVI, W/O SANTOSH KUMAR SAH, AND DAUGHTER OF SAHBEER SAH, BOTH 2 AND 3 ARE RESIDENT OF JAIKAULI, P.S. VAISHALI, DISTRICT- VAISHALI.

.... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2015 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 3 and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case no. 563 of 2013 (Tr. No. 2760 of 2014) registered under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that petitioner is the husband of opposite party no.3, daughter of complainant, Opposite Party No.2 and the petitioner is ready to keep her with full dignity and honour. Learned counsel for the

Patna High Court Cr.Misc. No.51374 of 2014 (2) dt.14-05-2015 opposite party no. 3 also made submission that opposite party no. 3 is ready to live with the petitioner.

Having considered the facts and circumstances of the case, let the above named petitioner be released on provisional bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, 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, Vaishali, in connection with Complaint Case No. 563 of 2013 (Tr. No. 2760 of 2014), subject to the condition as laid down under Section 438(2) of the Cr.P.C. Learned trial court is directed to issue notice to the opposite party no. 3, daughter of complainant, and make attempt to resolve the dispute in between the petitioner and the opposite party no.3 by taking all possible efforts and if the dispute is resolved then confirm the provisional bail of the petitioner. If the dispute is not resolved then the trial court would pass the order on its own merit.

(Rajendra Kumar Mishra, J) Bhardwaj/- U U