Sanny Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4018 of 2019 Arising Out of PS. Case No.-139 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sunny Kumar, son of Late Parmeshwar Singh Resident of Village- Jiwanchak, P.O.- Tope, P.S.- Shahjahanpur, District- Patna, Presently Residing at Village/Mohallah- Tappukara, P.O.- Tappukara, Bhiwdi, P.S.- Tappu Kara, District- Alwar (Rajasthan).

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Gitanjali Kumari, daughter of Sri Ramanand Singh Resident of VillageJiwanchak, P.O.- Tope, P.S.- Shahjahanpur, District- Patna, Pin Code801304. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-04-2019 The petitioner apprehends his arrest in connection with Complaint Case No. 139 of 2017 registered under Section 498A of the Indian penal Code and 4 of the Dowry Prohibition Act. Allegation is of subjecting the O.P. No. 2 to cruelty and harassment with respect to demand of Rs. One lac. 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.

Heard learned APP and learned counsel appearing on behalf of the O.P. No. 2. It is submitted that she has no objection in residing with the petitioner, if he is ready to keep her with full dignity and care.

Patna High Court CR. MISC. No.4018 of 2019(4) dt.16-04-2019 2/2 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 release the petitioner on provisional bail upon furnishing bail bond of Rs.

25,000/- (Rupees twenty five thousand) with two sureties of the like amount each; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, for a period of six months and watch the marital relationship and conduct of both parties by calling upon them on the first week of every two months. Once, it 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 cancellation of the bail bond of the petitioner.

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