Ramanand Kumar Sah @ Ramanand Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65241 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== RAMANAND KUMAR SAH @ RAMANAND SAH Son of Late Hari Nandan Sah Resident of Ithara, Ward No.-13, P.S.- Araria R.S., DistrictAraria ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Manju Devi Wife of Ramanand Kumar Sah @ Ramanand Sah, S/O - Late Hari Nandan Sah Resident of Ithara, Ward No.-13, P.S.- Araria R.S., District- Araria, At present residing at D/O- Satya Narayan Sah. Resident of Village - Gajvi, P.O.- Shankarpur, P.S.- Bhargama, District- Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Adv.
Mr.Ranjeet Choubey, Adv.
Ms. Preety Kunwar, Ad.
For the Opposite Party/s :
Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2020 This application, for grant of anticipatory bail, arises out of Araria Mahila P.S. Case No. 99 of 2019, disclosing offences under Section 498A, 341, 323, 379/34 of the Indian Penal Code.
Petitioner happens to be husband of the informant and allegation against him is of subjecting the informant to cruelty in connection with demand of dowry.
Submission of learned counsel for the petitioner is that all the allegations are false and concocted and he is still ready to keep the informant with full honour and dignity.
Patna High Court CR. MISC. No.65241 of 2019(3) dt.09-01-2020 2/3 Heard learned A.P.P. as well as learned counsel for the informant. Learned counsel for the informant has submitted that the informant is also ready to live with the petitioner, if she is kept with full honour and dignity as a wife and is not subjected to any cruelty.
Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the informant to appear before the concerned court below on 20.01.2020 and if the petitioner files a petition that he is ready to keep the informant with himself with full honour and dignity and if he is willing to take the informant with himself from the court itself, the court below shall release the petitioner on provisional bail for a period of eight months to his own satisfaction and in the meantime, the court below will watch the conduct of the parties by calling the informant and petitioner in the third week of each month for a period of eight months and after eight months, if the court below is satisfied with the conduct of the parties specially the conduct of the petitioner, he will confirm the provisional bail of the petitioner otherwise, he is free to pass any order as he deems fit and proper including cancellation of provisional bail of the petitioner. It is made clear that if on the date fixed, opposite
Patna High Court CR. MISC. No.65241 of 2019(3) dt.09-01-2020 3/3 party no. 2 does not appear in the court below, learned court below will be at liberty to release the petitioner on bail. With the above observation, this application is disposed of (Vinod Kumar Sinha, J) sunilkumar/- U T