Santosh Kumar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19447 of 2017 Arising Out of PS.Case No. -2260 Year- 2015 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Santosh Kumar Sah, S/o Krishna Prasad Gupta, resident of VillageKurshakanta, P.S.- Kurshakanta, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dimpal Devi, W/o Santosh Kumar Sah, D/o Late Ram Prasad Sah, resident of Village+P.O.- Sikti, P.S.- Sikti, District- Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 498A/34 of the Indian Penal Code.

The petitioner is husband of Opposite Party No.2. Allegation is of demand of dowry and torture for the same. The prayer is for anticipatory bail. The matter was sent for reconciliation before the Patna High Court Mediation Committee. However, the report reveals that Opposite Party No.2 never appeared thereat for reconciliation.

Learned counsel for the Opposite Party No.2 submits that the Court of learned Principal Judge, Family Court, Araria,

Patna High Court Cr.Misc. No.19447 of 2017 (9) dt.11-04-2018 P2/ had ordered for payment of maintenance against the petitioner which the petitioner had not paid.

Learned counsel for the petitioner submits that in fact part payment had been made and the order of the Principal Judge, Family Court, Araria, was stayed by this Court in Cr. Revision No.237 of 2017.

Considering the aforesaid fact and the future chances of reconciliation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Complaint Case No.2260C of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T