Dinesh Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3257 of 2019 Arising Out of PS. Case No.-294 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Dinesh Kumar ... ... Petitioner/s

Versus

1.The State of Bihar 2.Smt. Sarita Kumari, W/0 Sri Dinesh Kumar.

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

For the Petitioner/s :

Mr.Prabhat Ranjan, Advocat For the Opposite Party/s :

Mr.Md.Sufiyan(App107) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-03-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Complaint Case No. 294 of 2018, registered for offences punishable under Sections 323, 406, 420, 498A and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

As per F.I.R., allegation against the petitioner, who happens to be the husband of the complaint, is of subjecting the informant with cruelty with respect to demand of dowry and later on, she ousted from her in-laws house.

Submission of the learned counsel for the petitioner is that the petitioner has not committed any offence and the entire allegation is false and concocted. It is further submitted that the complainant was appointed at the post of teacher in a School in Bihta and therefore, she is not ready to stay at Muzaffarpur in her matrimonial house and the petitioner insisted

Patna High Court CR. MISC. No.3257 of 2019(3) dt.07-03-2019 2/2 to stay her at Muzaffarpur and the petitioner has clean antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrendered on 01.04.2019 and filed a petition that he is ready to keep his wife with full dignity and care and on that date, the Opposite Party No. 2 shall also remain present and if the petitioner is ready to keep her with him and the complainant/opposite party has no objection, the petitioner shall be granted provisional bail in connection with Complaint Case No. 294 of 2018 for a period of six months and during this period, both the parties shall be watched by the learned court below by calling them in the first week of every month and if the learned court below will satisfy them, his bail bond shall be confirmed.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sudha/- U T