Sanjay Sao v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.379 of 2019 Arising Out of PS. Case No.-60 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Sanjay Sao Son of Late Karu Sao, Resident of Village-Khusrupur, Police Station- Khusrupur, District- Patna.

... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Sonia Devi Wife of Sanjay Sao, D/o Suraj Sao, at Present Resident of Village- Nagarnausa, District- Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-03-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.60 C of 2018 , registered for offences punishable under Sections 498(A) and 4 of D.P.Act. Allegation against the petitioner is of assaulting the complainant with respect to demand of Rs.1,50,000/-. Submission of the learned counsel for the petitioner is that prior to that an informatory petition had also been filed by the petitioner on 2.11.2017 and a case for restitution of conjugal right has also been filed but she has refused to live with the petitioner. It has also been submitted that the petitioner is still ready to keep her.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail on the ground that she has a child also of 09 years and the petitioner is not

Patna High Court CR. MISC. No.379 of 2019(3) dt.11-03-2019 2/2 maintaining the O.P. no.2 and even the child and in spite of several round of panchayati, his behaviour remained the same. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Hilsa, Nalanda in connection with Complaint Case No.60 C of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that if any maintenance case is filed by the O.P,no.

2 the petitioner has to co-operate in disposal of the same and shall appear regularly; otherwise O.P.no.2 shall move for cancellation of the bail bond of the petitioner before the learned court below , who will consider the same. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T