Mukul Sah @ Sheo Shankar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39310 of 2017 Arising Out of PS.Case No. -2527 Year- 2013 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ====================================================== Mukul Sah @ Sheo Shankar Sah, son of Janardan Sha, R/o VillageAkaraung, P.S.- Tarari, District- Bhojpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Jyoti Devi D/o Beshlal Sah, R/o Village- Dhawari, P.S.- Sahar, DistrictBhojpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Om Prakash Upadhyay For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Trial No. 4083 of 2015, arising out of Complaint Case No. 2527C of 2013 lodged for the offences punishable under Sections 498A and 323/34 of the Indian Penal Code.

Petitioner is husband and the case is under Section 498A IPC.

It has been submitted on behalf of the petitioner that earlier compromise between the parties has arrived at and petitioner has been granted provisional bail. However, during the pendency of the case his bail bond has been cancelled without any notice to him. Further submission is that petitioner is still ready to

Patna High Court Cr.Misc. No.39310 of 2017 (2) dt.19-08-2017 2/2 keep her and he is in custody for more than one month. Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances, this application is disposed of with a direction to the trial court to issue notice to opposite party No.2 and after hearing the parties if court is satisfied that parties are willing to live together and if opposite party No.2 is not willing to live with the petitioner, then, in that case the court below will release the petitioner on bail to its satisfaction. (Vinod Kumar Sinha, J) spal/- U