Jeevan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.295 of 2019 Arising Out of PS. Case No.-601 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Jeevan Kumar, Son of Indradev Rai @ Indradeo Mandal, Resident of Mohalla - Adampur Radha Rani Sinha road, P.S.- Adampur, District - Bhagalpur ... ... Petitioner/s

Versus

1.

State of Bihar 2.

Shiromani Devi Daughter of Ram Chandra Mandal, Wife of Jeevan Kumar Resident of Village - Pairdominia Mal Panchrukhi, P.S.- Shahkund, District - Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar Sinha For the Opposite Party/s :

Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2019 The petitioner apprehends his arrest in connection with Complaint Case No. 601 of 2017 registered under Sections 307, 406, 420, 498A and 500/34 of the Indian penal Code and Section 4 of the Dowry Prohibition Act.

Petitioner happens to be the husband and allegation is of subjecting O.P.No. 2 to cruelty and harassment. It further appears that both parties have appeared and the matter was sent to Mediation Committee vide order dated 13.02.2019. The report of the Mediation Committee shows that in spite of his best and sincere efforts, the petitioner is ready to live with the opposite party no. 2 but opposite party no. 2 is not agree to live with the petitioner (husband) and even not ready for one time

Patna High Court CR. MISC. No.295 of 2019(4) dt.03-04-2019 2/2 settlement.

Submission of learned counsel for the petitioner is that petitioner is still ready to keep her.

Heard learned APP and learned counsel appearing on behalf of the O.P.No. 2, they have opposed the prayer for bail on the ground that petitioner has married again. Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Bhagalpur in connection with Complaint Case No. 601 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that if any maintenance case is filed by the O.P.No. 2 in future, petitioner has to co-operate in disposal of the same otherwise O.P.No. 2 is free to move for cancellation of his bail bond.

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