Congresh Kumar Sah @ Cagesh Sah Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57446 of 2019 Arising Out of PS. Case No.-1854 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== CONGRESH KUMAR SAH @ CAGESH SAH KUMAR S/o Manoj Sah @ Sanoj Sah R/o village- Sripur Bhatwaliya, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pratima Devi D/o Prabhu Sah R/o village- Radhiya, Post- Morha, P.S.- Govindganj, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2019 Heard both sides.

The petitioner apprehends his arrest in Trial No.2358 of 2019 arising out of Complaint Case No.C-1854 of 2018 registered under Section 498(A) of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

The learned counsel for the petitioner submits that the petitioner is ready to keep his wife. On account of some petty dispute, the wife lodged this case.

Taking into consideration the facts aforesaid, let the petitioner, above named, is directed to surrender before the court below within a period of four weeks from the date of receipt of this order and on such, learned court below shall enlarge the

Patna High Court CR. MISC. No.57446 of 2019(2) dt.18-09-2019 2/2 petitioner on provisional bail for four months on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Sadar, Motihari, East Champaran in connection with Trial No.2358 of 2019 arising out of Complaint Case No.C-1854 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Thereafter, the learned court below shall make efforts for resolution of the disputes between husband and wife. If the petitioner keeps his wife properly, learned court below shall confirm the provisional bail granted to the petitioner and if the petitioner fails to keep his wife with all honour and dignity without the fault of the wife, learned court below shall pass order on provisional bail of the petitioner in accordance with law immediately after lapse of four months.

(Prabhat Kumar Jha, J) Saurabh/- U T