Hemant Tiwari @ Hemant Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8711 of 2022 Arising Out of PS. Case No.-222 Year-2018 Thana- MIRGANJ District- Gopalganj ====================================================== Hemant Tiwari @ Hemant Kumar Tiwari Son of Subhash Tiwari @ Subash Tiwari Resident of Village - Pakari, P.S.- Mirganj, Distt.- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rabari Devi W/o Hemant Tiwari @ Hemant Kumar Tiwari Resident of Village - Pakari, P.S.- Mirganj, Distt.- Gopalganj. at present residing at R/o Village - Dodhapur, P.S.- Uchakagaon, Distt.- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Lokesh Kumar Singh, Advocate For the State :

Mr.Jharkhandi Upadhyay, APP For Opp. Party No.2 :

Mr. Ashok Kumar, Ms. Usha Rai, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2. The petitioner seeks anticipatory bail in connection with Mirganj P.S. Case No. 222 of 2018 registered for the offences under Sections 498A of the Indian Penal Code and under Sections 3/ 4 of the Dowry Prohibition Act.

Pursuant to the order dated 07.03.2022, notice was issued to opposite party no.2, who has appeared and filed her Vakalatnama.

Specific statement has been made in paragraph 8 of the

Patna High Court CR. MISC. No.8711 of 2022(3) dt.26-04-2022 2/3 bail application that the petitioner is ready to keep the opposite party no.2 with full honour and dignity.

In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 9th of May, 2022 and thereafter both the parties will file an 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 opposite party no.2 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 Sub-Divisional Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No. 222 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Till filing of the application by the opposite party no.2 and her husband in the court below, the petitioner shall not be arrested in connection with aforesaid case.

Patna High Court CR. MISC. No.8711 of 2022(3) dt.26-04-2022 3/3 It is made clear that for non compliance of this order, bail bond of the petitioner shall stand automatically cancelled. This application is, accordingly, disposed of. (Sandeep Kumar, J) BT/- U T