Shashi Kumar Thakur v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10945 of 2019 Arising Out of PS. Case No.-124 Year-2018 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== SHASHI KUMAR THAKUR, S/o Nagendra Nath Thakur, Resident of Village- Harira, P.S.- Kursa Kanta, District- Araria. ... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. Annu Kumari, W/o Shashi Kumar Thakur, Daughter of Kamal Thakur, Resident of Mahavir Chowk, Ward no.- 21, P.S.- Saharsa Sadar, DistrictSaharsa. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Jha For the Informant :
Mr. Nafisuzzoha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-02-2019 Heard learned counsel for the petitioner and learned counsel representing the informant.
Petitioner is seeking anticipatory bail in connection with Complaint Case No.124C of 2018 registered for the offences punishable under Section 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is the husband of the opposite party no.2, he is ready and willing to keep the opposite party no.2 with full dignity and care, but it is the said opposite party no.2 is not willing to live with him and has indulged in filing of a complaint case on false and flimsy allegations. Learned counsel submits that in
Patna High Court Cr.Misc. No.10945 of 2019(2) dt.22-02-2019 2/3 fact the opposite party no.2 is living with her parents and is not willing to come to join the petitioner at her matrimonial home. Learned counsel for the O.P. No.2 is present and submits that the opposite party no.2 is also willing to go along with the petitioner if he visits her parents house to take her back to the matrimonial home.
Learned counsel for the petitioner agrees for the same and submits that the petitioner may come during the Holi festival and shall go to the parents house of the opposite party no.2.
In the above circumstances, let in case of arrest or surrender of the petitioner within a period of six weeks from today, the abovenamed petitioner be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned S.D.J.M., Saharsa in connection with Complaint Case No.124C of 2018, subject to the condition that on or about the Holi festival the petitioner will himself go to the parents house of the opposite party no.2 with prior information about his visit and shall thereafter bring her back to her matrimonial home where he will keep the opposite party no.2 with full dignity and care. He will also inform his date of visit of the
Patna High Court Cr.Misc. No.10945 of 2019(2) dt.22-02-2019 3/3 village to the concerned police station i.e. Saharsa Sadar within whose jurisdiction the opposite party no.2 is presently residing. The officer in-charge of Saharsa Sadar police station shall ensure that no untowards incident takes place with the petitioner during his visit to Sasural.
The application is disposed off accordingly.
(Rajeev Ranjan Prasad, J) arvind/- U T