← Library
Patna High CourtCR. MISC./7724/2019disposed

Nimpu Bhagat @ Raj Kishore Bhagat v. The State Of Bihar And ANR

2019-05-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7724 of 2019 Arising Out of PS. Case No.-3556 Year-2010 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== NIMPU BHAGAT @ RAJ KISHORE BHAGAT S/o Late Mahadev Bhagat Village-Pakri,P.S-Belsar, Distt.-Vaishali.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rekha Devi W/o Nimpu Bhagat @ Raj Kishore Bhagat Village-Pakri,P.SBelsar, Distt.-Vaishali at present Rekha Devi, daughter of Suresh Singh, resident of village-Adalpur,Post-Hajipur,P.S-Hajipur Sadar, Distt.-Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Singh For the Opposite Party/s :

Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-05-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with CI 3556 of 2010 Tr. No.906 of 2018 registered for offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Allegation against the petitioner is of demand of dowry and subjecting his wife (O.P.No.2) with respect to demand of dowry and ousting her from the house.

Submission of the learned counsel for the petitioner is that he is still ready to keep her and compromise is also going on between the parties.

Heard learned A.P.P. and the learned counsel for the O.P.no.2. They have also no objection in residing with the petitioner.

Having heard both sides, in such view of the matter, both

Patna High Court CR. MISC. No.7724 of 2019(4) dt.07-05-2019 2/2 the petitioner and the O.Pno.2 shall appear before the learned court below on 21.5.2019 and on that day the petitioner shall file a petition that he is ready to keep her with dignity and care and will not subject her to cruelty and he will take her from the court itself, the learned court below shall release the petitioner on provisional bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Vaishali at Hajipur in connection with Complaint Case No.C1 3556 of 2010 Tr. No.

906 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure for a period of six months and during that period the learned court below shall watch the conduct of both the parties and their matrimonial relationship by calling them in the first week of each month and on being satisfied with their conduct, especially the conduct of the petitioner, he will confirm the bail bond of the petitioner, otherwise, it is open to the learned court below to pass any other order of orders as he deems fit and proper.

With the aforesaid direction, this application is disposed of.

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