Rajan Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3615 of 2019 Arising Out of PS. Case No.-2287 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Rajan Kumar Bharti, sonof Ram Chandra Rai, Resident of Village Narhan PS Bibhutipur District Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Archana wife of Rajan Kumar Bharti, daughter of Harishankar Prasad, Resident of village Narhan PO Ps Bibhutipur District Samastipur, present resident of C/o A.K.Sahni Professor Colony, Gali No. 1, Near Pon (Talaw), P.S.- Samastipur, District- Samstipur.

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

For the Petitioner/s :

Mr.Mritunjay Kumar, Advocate.

For the Opposite Party/s :

Mr. Mirtunjay Kumar Nirala, APP Mr. Dilip Kumar Roy, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-04-2019 The petitioner apprehends his arrest in connection with Samastipur Complaint Case No. 2287 of 2015 registered under Section 498A/34 of the Indian penal Code and 3 and 4 of the Dowry Prohibition Act.

Allegation is of subjecting the O.P. No. 2 to cruelty and harassment with respect to demand and ousted her. It is further alleged that she was threatened to get married petitioner to another girl.

Submission of learned counsel for the petitioner is that whole allegation is false and concocted and petitioner is ready to keep her with full dignity and care and he is paying

Patna High Court CR. MISC. No.3615 of 2019(4) dt.16-04-2019 2/3 maintenance amount of Rs. 2000/- to O.P.No. 2 as per direction of Principal Judge, Family Court passed in Mainteance Case No. 135 of 2016 filed by O.P.No. 2.

Heard learned APP and learned counsel appearing on behalf of the O.P. No. 2. They submit that she has no objection in residing with the petitioner, if he is ready to keep her with full dignity and care and also submit that she is getting Rs. 2000/- per month as maintenance.

In such view of the matter, this application is disposed of with a direction to the petitioner to surrender before the court below on 06.05.2019 and file a petition with an affidavit that he is ready to keep his wife. On that day, O.P.No. 2 shall also remain present in court fromwhere petitioner will take O.P.No. 2 to his house for keeping as wife with dignity and care. On which, the court below shall extent the period of provisional bail granted to the petitioner by this Court vide order dated 25.01.2019 and during that period petitioner and O.P. No. 2 has to appear before the court below on every two months Once, the court below is satisfied that marital relationship and conduct of both parties are harmonious, provisional bail granted to the petitioner shall be confirmed, otherwise he is free to pass any order or orders which will be deem fit and proper including the

Patna High Court CR. MISC. No.3615 of 2019(4) dt.16-04-2019 3/3 cancellation of the bail bond of the petitioner. (Vinod Kumar Sinha, J) sujit/- U T