Allowed

Birendra Sah @ Birendra Gupta v. State Of Bihar and Anr.

Patna HC5 Apr 2019CR. MISC./5968/2019

Case brief

AI extract

What is this about?

This is an oral order confirming earlier provisional anticipatory bail granted to the petitioner in a criminal case involving domestic cruelty and assault allegations. The court imposed a condition for periodic court appearances for six months to monitor the parties.

What did the court decide?

Earlier provisional anticipatory bail confirmed with a condition for monthly court appearances for six months and powers to cancel bail on misconduct.

Birendra Sah @ Birendra Gupta Vs State Of Bihar and Anr. — Domestic Violence | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5968 of 2019

¶2

Arising Out of PS. Case No.-365 Year-2017 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi

¶3

======================================================

¶4

Birendra Sah @ Birendra Gupta S/o Late Ram Bilash Sah village-Pathrahi, P.S-Bajpatti,

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State Of Bihar

¶8

Rita Devi W/o Birendra Sah @ Birendra Gupta village-Pathrahi, P.SBajpatti,

¶9

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr.Pushpendra Kumar Singh For the Opposite Party/s : Mr.Amit Kumar Rakesh ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

¶12

3 05-04-2019 This is an application for grant of anticipatory bail in

¶13

connection with Complaint Case No. C-1/365 of 2017, disclosing offences under Sections 323, 324, 325, 341, 307, 498(A), 504, 34 of the Indian Penal Code.

¶14

Allegation against the petitioner is of subjecting his wife to cruelty with respect to demand.

¶15

Submission of learned counsel for the petitioner is that the opposite party no.2 is still residing with the petitioner in the same house and whole allegation is false and concocted.

¶16

Heard learned A.P.P. as well as learned counsel for the complainant, they have opposed the prayer for anticipatory bail of the petitioner on the ground that after grant of provisional

¶17

Patna High Court CR. MISC. No.5968 of 2019(3) dt.05-04-2019 2/2

¶18

bail she was assaulted and lodged a petition before the court.

¶19

Having heard both sides, in view of the facts and circumstances of the case, provisional bail earlier granted to the petitioner vide order dated 08.02.2019 is confirmed with the condition that both the parties will appear before the court below in the first week of each month for the period of six months and during that period the learned court below if found any misconduct of the petitioner, he may cancel the bail bonds of the petitioner.

¶20

(Vinod Kumar Sinha, J)

¶21

Amjad/-

¶22

U T

Birendra Sah @ Birendra Gupta v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Birendra Sah @ Birendra Gupta v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rajesh Mandal Vs The State of Bihar

Jagdish Singh @ Jagdish Prasad and Ors. Vs The State of Bihar

Kanhaiya Lal Raut Vs The State of Bihar and Anr.

Idrees Gaddi and Ors. Vs The State of Bihar

Kishori Ram and Ors. Vs The State of Bihar

Rambabu Sharma and Anr. Vs The State of Bihar