Ram Pravesh Sah @ Ram Prabesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62199 of 2019 Arising Out of PS. Case No.-274 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== RAM PRAVESH SAH @ RAM PRABESH KUMAR S/o Feku Sah R/o village- Kathmaliya, P.S.- Shikarganj, District- East Champaran ... ... Petitioner/s
Versus
1. The State of Bihar
2. Khushbu Devi, daughter of Lkhan Sah, resident of village Bakhari, P. S. Patahi, Dist. East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Chiraiya (Shikarganj) P.S. Case No. 274 of 2019 registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Petitioner happens to be husband of the informant and allegation is of demand of Rs.2 lac and for that she was tortured. Submission of learned counsel for the petitioner is that whole allegation is false and concocted and he is still ready to keep her with dignity and care, which stand he has already been taken before learned Sessions Judge while considering his bail application but the same has not been considered.
Heard learned APP and learned counsel for opposite party No.2, informant, who has no objection in residing with the petitioner if she is allowed to live with dignity and care.
Patna High Court CR. MISC. No.62199 of 2019(3) dt.08-01-2020 2/2 In view of above stand of the parties, this application is disposed of with direction to the petitioner to surrender in the court below on 22.1.2020, on that day opposite party No.
2 shall also remain present in the court and on appearance of both the parties on filing an affidavit by the petitioner that he is ready to take her from the court below and keep her with dignity and care, petitioner shall be granted provisional bail for the period of six months by the court below and both the parties have to appear in the court below during the said period in second week of every month, so that the court may watch their marital relationship and conduct and once the court is satisfied with their conduct and specially the petitioner, provisional bail of the petitioner shall be confirmed by the court below, otherwise the court is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner. It is made clear that if opposite party No.
2, informant does not choose to appear in the court on the date fixed or is not ready to reside with the petitioner, in that event, the provisional bail of the petitioner shall be confirmed.
(Vinod Kumar Sinha, J) spal/- U T