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Patna High CourtCR. MISC./7356/2020bail granted

Pappu Kumar v. The State Of Bihar

2021-12-01Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7356 of 2020 Arising Out of PS. Case No.-198 Year-2019 Thana- BUNIYAD GANJ District- Gaya ====================================================== PAPPU KUMAR son of SUDAMA Mahto @ Sudama Prasad, R/v-Banbag, P.S. Khudaganj, Nalanda ... ... Petitioner/s

Versus

1. The State of Bihar

2. Champa Devi wife of Pappu Kumar, D/o- Girani Kumar, R/v-Naudharia, P.S. Buniyadganj, District Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-12-2021 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 Buniyadganj P.S. Case No. 198/2019 registered for the offences under Section 498-A and other allied sections of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

In paragraph No. 18 of the bail petition, specific statement was made 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 15th of December, 2021 and, thereafter, both the parties will file

Patna High Court CR. MISC. No.7356 of 2020(5) dt.01-12-2021 2/3 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 ACJM, VIII, Gaya, in connection with Buniyadganj P.S. Case No. 198/2019, subject to the conditions 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 28.02.2020 shall continue to operate.

Patna High Court CR. MISC. No.7356 of 2020(5) dt.01-12-2021 3/3 With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) Saif/- U T