Vijay Sah @ Bijay Sah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24698 of 2016 Arising Out of PS.Case No. -292 Year- 2013 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Vijay Sah @ Bijay Sah son of Mahendra Sah .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Marani Devi wife of Vijay Sah @ Bijay Sah and daughter of Ram Swarath Sah .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2016 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is languishing in custody since 20.04.2016 in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under sections 498A of the Indian Penal Code.
Basic accusation is of torture.
It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and he is ready to keep the complainant as wife and the children with full dignity and honour. A statement to that effect has been made in paragraph 19 of the petition, which reads as under :-
Patna High Court Cr.Misc. No.24698 of 2016 (3) dt.04-08-2016 2/2 "That, at the cost of repetition, the petitioner further undertakes to keep the opposite-party no.2 and her children with full dignity and surety......"
It is submitted by learned counsel for the complainant that the petitioner was granted provisional anticipatory bail vide Criminal Miscellaneous No.34374/2016 but since he failed to comply the undertaking of keeping the complainant as wife with full dignity and honour, hence his bail bond was cancelled.
Considering the nature of accusation, present stand of the petitioner and the investigation has already concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Pupri at Sitamarhi in connection with Complaint Case No.C-1/292 of 2013.
(Dinesh Kumar Singh, J) Ashwini/- U