Kamal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82328 of 2019 Arising Out of PS. Case No.-341 Year-2018 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== KAMAL SAH, Son of Ramchandra Sah, Resident of Village - Nahas Rupauli, P.S.- Patauna (Bisfi), Distt - Madhubani ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Renu Devi, Wife of Kamal Sah, Resident of Village - Nahas (Rupauli), P.S.- Patauna, Distt - Madhubani at present D/o Satnarayan Sah, R/o - Village - Baliya, P.S.- Banipatti, Distt - Madhubani ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Gagan Deo Yadav, Adv.

For the State :

Mr. Suman Kumari Singh, APP For OP No. 2 :

Mr. Shashank Shekhar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State as well as the learned counsel for the informant.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 341 of 2018 registered under Sections 341, 323, 379, 307, 324, 354B and 498A of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is ready to take his wife (opposite party no. 2) from her maika and keep her with full honour and dignity. Therefore, provisional pre-arrest bail may be granted to the petitioner. On the other hand, learned counsel appearing for opposite party no. 2 submits that opposite party no. 2 is ready to live with petitioner. Since, the petitioner is ready

Patna High Court CR. MISC. No.82328 of 2019(6) dt.06-01-2021 2/2 to take her from her maika and keep her properly, hence, she has no objection in allowing the provisional pre-arrest bail to the petitioner.

In view of the submissions of the learned counsel for the petitioner and opposite party no. 2, let the petitioner, Kamal Sah, in the event of surrender/arrest, within a period of four weeks from today, in connection with Complaint Case No. 341 of 2018 be released on provisional bail, till December, 2021, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Benipatti, Madhubani, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. If the opposite party no. 2 raises no objection, then, the provisional bail of the petitioner shall be confirmed by the trial Court. If the trial Court finds laches on the part of the petitioner, the trial Court would be at liberty to cancel the bail bond of the petitioner. (Rajendra Kumar Mishra, J) Shamshad/- U T