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Patna High CourtCR. MISC./23520/2014disposed

Bandhu Sah And ORS. v. State Of Bihar And ANR

2015-08-19Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23520 of 2014 Arising Out of PS.Case No. -687 Year- 2011 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bandhu Sah

2. Mangaru Sah

3. Akalu Sah

4. Umesh Sah All Son of Thag Sah

5. Grija Devi Wife of Thag Sah

6. Thag Sah Son of Chathu Sah All resident of village- Tikuliya Chowk, P.S.- Chanpatiya, District- West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rinki Devi daughter of Chandeshwar Sah resident of village- Parsa, P.S.- Dhaka, District- East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-08-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Section 498A IPC registered in connection with Complaint Case No. 687 of 2011.

3. The petitioner no. 1 and OP No. 2 are personally present in Court in pursuance of order of this Court dated 05.08.2015. There is however, some lingering apprehension in the mind of OP No. 2 that she may be subjected to cruelty at the hands of the petitioner no. 1. It is also her stand that she has no means for her day-to-day expenses.

4. Learned counsel for the petitioners reiterates that

Patna High Court Cr.Misc. No.23520 of 2014 (6) dt.19-08-2015 the petitioner no. 1 is willing to keep the OP No. 2 with due dignity and honour. In case, however, she has any reservation in accompanying him, he also agrees to make a monthly payment of Rs.1,000/- to take care of her day-to-day expenses.

5. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioners by order dated 29.08.2014 pending in the Court of Sri S.K. Jha, learned Judicial Magistrate Ist Class, Sikrahana at Motihari, East Champaran in connection with Complaint Case No. 687 of 2011 is hereby confirmed with additional condition that the petitioner no.1 will deposit a sum of Rs.1,000/- per month regularly before the learned Court below which shall be available for withdrawal by OP No. 2 and upon failure to deposit any two consecutive instalments, their bail bonds shall stand automatically cancelled.

(Vikash Jain, J) Chandran U T