Ramesh Sah @ Ramesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81065 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- GOPALPUR District- West Champaran ====================================================== Ramesh Sah @ Ramesh Prasad Son of Narayan Sah Resident of VillageGulwariya, Police Station- Gopalpur, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amrita Devi Wife of Ramesh Sah Resident of Village- Gulwariya, Police Station- Gopalpur, District- West Champaran, Presently Residing as D/o Paras Sah, Resident of Village- Sargatiya, Police Station- Gopalpur, DistrictWest Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Anant Kumar Mishra, Advocate For the State :

Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks anticipatory bail in connection with Gopalpur P.S. Case No. 86 of 2019 registered for the offences under Sections 342, 323, 498A and 506/34 of the Indian Penal Code.

Notice was validly served upon opposite party no.2 but she has chosen not to appear in this case. In paragraph 16 of the bail petition, specific statement was made to the effect that the petitioner is ready to keep the opposite party no.2 with full honour and dignity.

Patna High Court CR. MISC. No.81065 of 2019(4) dt.22-10-2021 2/3 In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 01.11.2021 and thereafter both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Gopalpur P.S. Case No. 86 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail or to cancel the same in the facts of the case.

Patna High Court CR. MISC. No.81065 of 2019(4) dt.22-10-2021 3/3 Till filling of the application by both the parties in the Court below, the interim protection granted to the petitioner vide order dated 31.01.2020 shall continue to operate. With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) BT/- U T