Jai Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65382 of 2019 Arising Out of PS. Case No.-132 Year-2019 Thana- HATHUA District- Gopalganj ====================================================== JAI PRAKASH SAH S/o Late Sighashan Sah R/o village- Trilokpur, P.S.- Uchkagaon, District- Gopalganj ... ... Petitioner/s

Versus

1. The State of Bihar

2. Rinki Devi, wife of Jai Prakash Sah, daughter of Kedar Sah, resident of village Barwa Kaparpura, P.S. Hathua, Dist. Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Hathua P.S. Case No. 132 of 2019 registered for the offences punishable under Sections 341, 323, 504, 498A/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

As per FIR petitioner is said to be husband of the informant and there is allegation of demand of 4-wheeler and for that she was subjected to torture and assault and lastly she was ousted from the house on 22.6.2019.

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 has already been taken before Sessions Judge but the opposite party No.2 is not

Patna High Court CR. MISC. No.65382 of 2019(3) dt.09-01-2020 2/2 ready to reside with the petitioner.

Heard learned APP and learned counsel for the informant, who has submitted that informant apprehends danger in the house of the petitioner, as such she is not ready to reside with him.

In view of above facts and circumstances, let petitioner, in the event of surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Hathua P.S. Case No. 132 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T