Patna High CourtCR. MISC./718/2019disposal with observation

Ajay Kumar Sharma v. The State Of Bihar And ANR

2019-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.718 of 2019 Arising Out of PS. Case No.-1105 Year-2017 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Ajay Kumar Sharma Son of Ravindra Sharma Resident of Railway Colony, Road No. 16, Quarter No. 132B/MadhuriChowk, P.S.- Samastipur, DistrictSamastipur. ... ... Petitioner

Versus

The State Of Bihar 2.

Swati Kumari, wife of Ajay Kumar Sharma, D/o- Raghubir Sharma Resident of Railway Colony, road no. 16, Quarter No. 132B/Madhuri Chowk, P.S.- Samastipur, District - Samastipur at present Thana Chowk, Ward no. 20, Madhubani, P.S.- Madhubani, District -Madhubani ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2019 This application, for grant of anticipatory bail, arises out of C.R. No. 1105 of 2017, T.R. No. 2272 of 2018, disclosing offences under Sections 498A and 323 of the Indian Penal Code. Petitioner happens to be husband of the opposite party no. 2 and allegation against him is of subjecting the opposite party no. 2 to cruelty in connection with demand of dowry. Submission of learned counsel for the petitioner is that he is still ready to keep the informant with full honour and dignity and the allegation levelled is false and concocted. Heard learned A.P.P. as well as learned counsel for the opposite party no. 2. Learned counsel for opposite party no. 2 has submitted that opposite party no. 2 is also willing to live with the petitioner, if she is kept with full dignity and care as a wife.

Patna High Court CR. MISC. No.718 of 2019(4) dt.28-02-2019 2/2 Having heard both sides, in view of the above submission of the parties, this application is disposed of with direction to the petitioner to surrender in the court below within on 26.03.2019 and file a petition to the effect that he is ready to keep the opposite party no. 2 with full honour and dignity and on which date, opposite party no. 2 shall also remain present in the court below and if such a petition is filed and the petitioner takes the opposite party no. 2 to his house, the court below shall release the petitioner on provisional bail for a period of six months to his own satisfaction in connection with C.R. No. 1105 of 2017, T.R. No. 2272 of 2018 with two sureties of the like amount.

During the aforesaid period of six months, the court below shall watch the conduct of the petitioner by noticing both the sides on alternate months and after expiry of six months, if the court below finds the conduct of the petitioner satisfactory, he will confirm the provisional bail of the petitioner, otherwise, the court below shall cancel the provisional bail of the petitioner.