Kamalesh Singh @ Kamalesh Kumar Singh @ Pawan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4426 of 2020 Arising Out of PS. Case No.-67 Year-2019 Thana- MAHILA PS District- Buxar ====================================================== Kamalesh Singh @ Kamalesh Kumar Singh @ Pawan Kumar Singh Son of Ramashish Singh Resident of Village-Kulhawa, P.S.-Dumraon, District Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Rang Nath Choubey, Advocate For the State :

Mr.Umesh Lal Verma, APP For the Informant :

Mr. Atul Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through video conferencing.

The petitioner seeks anticipatory bail in connection with Buxar (Mahila) P.S. Case No. 67 of 2019 registered for the offences under Sections 498A, 341 and 323/34 of the Indian Penal Code and under Sections 3/ 4 of the Dowry Prohibition Act.

The informant has appeared suo motu and filed her Vakalatnama.

In such view of the matter, the petitioner is directed to visit his Sasural and take the informant with him before 01.11.2021 and thereafter both the parties will file an

Patna High Court CR. MISC. No.4426 of 2020(9) dt.26-10-2021 2/3 application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to the informant from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Buxar (Mahila) P.S. Case No. 67 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail or to cancel the same in the facts of the case.

Till filling of the application by both the parties in the Court below, the interim protection granted to the petitioner vide order dated 01.07.2020 shall continue to operate.

Patna High Court CR. MISC. No.4426 of 2020(9) dt.26-10-2021 3/3 With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) BT/- U T