Allowed

Hira Sah v. the State of Bihar

Patna HC11 Jan 2021CR. MISC./77990/2019

Case brief

AI extract

What is this about?

Allowing anticipatory bail to petitioners facing proceedings under Section 498-A IPC, the High Court imposed stringent conditions requiring them to execute a good behaviour bond and an undertaking to ensure the complainant and her children's safety and dignity in the matrimonial home, with a specific mechanism for reporting violations. Relief granted: release on bail Rs. 25,000 each with two suret

What did the court decide?

Petitioners released on bail bonds of Rs.25,000 each with two sureties, subject to condition of good behaviour and undertaking to the complainant and children's safety and dignity in the matrimonial h

Hira Sah Vs the State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77990 of 2019

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Arising Out of PS. Case No.-261 Year-2019 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua)

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

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

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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.

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... ... Petitioner/s

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Versus

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The State of Bihar

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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.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the State : Mr. Anand Mohan Prasad Mehta, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

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Date : 11-01-2021

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Heard Mr. Rajani Kant Pandey, learned counsel for

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the petitioners and Mr. Anand Mohan Prasad Mehta, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

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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.

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The petitioner no. 1 is the husband of the opposite party no. 2.

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Patna High Court CR. MISC. No.77990 of 2019 dt.11-01-2021 2/7

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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.

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Earlier, a report was called from the Superintendent of Police, Kaimur. The same has been received and scanned copy of it is reproduced hereinunder:

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Patna High Court CR. MISC. No.77990 of 2019 dt.11-01-2021 3/7

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Patna High Court CR. MISC. No.77990 of 2019 dt.11-01-2021 4/7

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Learned counsel for the petitioners submitted that

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the application be allowed.

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Patna High Court CR. MISC. No.77990 of 2019 dt.11-01-2021 5/7

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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.

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Learned counsel for the petitioners agreed to conditions being imposed.

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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

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Patna High Court CR. MISC. No.77990 of 2019 dt.11-01-2021 6/7

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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.

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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.

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The application stands disposed off in the aforementioned terms.

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The Court below shall get a copy of this order served on the opposite party no. 2, through her learned counsel,

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Patna High Court CR. MISC. No.77990 of 2019 dt.11-01-2021 7/7

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within one week of the order being received by it.

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(Ahsanuddin Amanullah, J)

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J. Alam/-

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AFR/NAFR U T

Hira Sah v. the State of Bihar

Case brief

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Hira Sah v. the State of Bihar

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