Hira Sah vs The State Of Bihar
2021 Latest Caselaw 103 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No.77990 of 2019
       Arising Out of PS. Case No.-261 Year-2019 Thana- BHABHU(KAIMUR) COMPLAIN C
                                     District- Kaimur (Bhabua)
      ======================================================

1. Hira Sah, aged about 30 years, Male, son of Laxmi Sah,

2. Laxmi Sah @ Laxmi Gupta, aged about 55 years (M), son of Late Sri Nath Sah, Both resident of Village- Kasthari, P.S.- Durgawati, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Pinki Devi, aged about 27 years, Female, wife of Hira Sah, Resident of Village- Kasthari, P.S.- Durgawati, District- Kaimur at Bhabua. At present address, resident of village- Atarwaliya, P.S.- Mohania, District- Kaimur at Bhabua.

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

For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the State : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 11-01-2021

Heard Mr. Rajani Kant Pandey, learned counsel for

the petitioners and Mr. Anand Mohan Prasad Mehta, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

2. The petitioners apprehend arrest in connection with

Complaint Case No.261 of 2019 dated 27.02.2019, instituted

under Section 498-A of the Indian Penal Code.

3. The petitioner no. 1 is the husband of the opposite

party no. 2.

Patna High Court CR. MISC. No.77990 of 2019 dt.11-01-2021

4. Pursuant to earlier orders, second supplementary

affidavit has been filed on behalf of the petitioners in which it

has been stated that the opposite party no. 2 and her three

children are living in the matrimonial home.

5. Earlier, a report was called from the Superintendent

of Police, Kaimur. The same has been received and scanned

copy of it is reproduced hereinunder:

Patna High Court CR. MISC. No.77990 of 2019 dt.11-01-2021

Patna High Court CR. MISC. No.77990 of 2019 dt.11-01-2021

6. Learned counsel for the petitioners submitted that

the application be allowed.

Patna High Court CR. MISC. No.77990 of 2019 dt.11-01-2021

7. Learned APP submitted that the Court may impose

suitable conditions on the petitioners so that the opposite party

no. 2 and her three children are able to live safely and in peace

in the matrimonial home.

8. Learned counsel for the petitioners agreed to

conditions being imposed.

9. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

four weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs.25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of

the Chief Judicial Magistrate, Kaimur at Bhabua, in Complaint

Case No.261 of 2019, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973, and

further (a) that the petitioners and the bailors shall execute bond

with regard to good behaviour of the petitioners, and (b) that the

petitioners shall give an undertaking before the Court that the

opposite party no. 2 and her three children would be kept in the

matrimonial home with full dignity, honour and security and

that all their needs shall be taken care of. The petitioners shall

also undertake that the opposite party no. 2 and her three Patna High Court CR. MISC. No.77990 of 2019 dt.11-01-2021

children would be allowed to talk to, meet or visit any person

they desire without any let or hindrance from the petitioners or

their family members. Any violation of the terms and conditions

of the bonds or the undertaking shall lead to cancellation of the

bail bonds of the petitioners.

10. Further, the opposite party no. 2, in the event of

any breach of the terms and conditions of the undertaking or the

bonds or for reasons which so justify, shall be at liberty to file

an application before the Court below giving details of the

conduct of the petitioners or their other family members with

regard to the opposite party no. 2 and her three children facing

any hardship, threat or trouble in their stay in the matrimonial

home. Upon such petition being filed, the Court below after

giving an opportunity of hearing to the petitioners shall pass

appropriate reasoned order, latest within one month from filing

of the petition. If it is found that the allegations of the opposite

party no. 2 is correct, the bail bonds of the petitioners shall be

cancelled.

11. The application stands disposed off in the

aforementioned terms.

12. The Court below shall get a copy of this order

served on the opposite party no. 2, through her learned counsel, Patna High Court CR. MISC. No.77990 of 2019 dt.11-01-2021

within one week of the order being received by it.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T