Hira Sah And Anr vs State Of Bihar And Anr

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.

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.

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

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.

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

hereinunder:

Learned counsel for the petitioners submitted that the application be allowed.

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.

Learned counsel for the petitioners agreed to conditions being imposed.

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 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.

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.

The application stands disposed off in the aforementioned terms.

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

received by it.