Patna High CourtCR. MISC./61459/2019disposed

Manoj Sah @ Manoj Kumar Sah v. The State Of Bihar

2019-09-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61459 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- JAMALPUR District- Munger ====================================================== MANOJ SAH @ MANOJ KUMAR SAH Son of Late Sharwan Pd. Sah R/oBari Keshopur, Lakri Gola Road, P.S. and P.O.- Jamalpur, District- Munger. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2019 This application, for grant of anticipatory bail, arises out of Jamalpur P.S. Case No. 91 of 2019, disclosing offences under Section 498A341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Petitioner happens to be husband of the informant and allegation against him is of assaulting the informant in presence of children.

Submission of learned counsel for the petitioner is that allegation is exaggerated and he is ready to keep the informant with full honour and dignity and for that he has also filed a Matrimonial Case No. 73/2019 under Section 9 of the Hindu Marriage Act. He has stated on oath that there is no injury report available on record.

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.61459 of 2019(2) dt.26-09-2019 2/2 Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender in the court below on 16.10.2019, on which, the learned court below shall release the petitioner on provisional bail for a period of two months and in the meantime, he will issue notice to opposite party no. 2 and if the the informant is ready to live with the petitioner and the petitioner is also ready to take her to his house from the court below itself, he will confirm the provisional bail of the petitioner, otherwise, the court below will hear both the parties on merit and will pass an appropriate order either confirming the provisional bail of the petitioner or cancelling the same. (Vinod Kumar Sinha, J) sunilkumar/- U T