Sawan Rai @ Sawan Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8486 of 2019 Arising Out of PS. Case No.-1423 Year-2017 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== SAWAN RAI @ SAWAN KUMAR Son of Sanjay Rai @ Sanjay Kumar Rai Resident of village- Balbandh, At present - Bishnu Nagar, Gayatri Chawk, ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sangita Devi Wife of Sawan Rai @ Sawan Kumar D/o Satya Narayan Rai Resident of village- Jhalkhora, Post - Sawar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Sunil For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1423 of 2017 in which cognizance has been taken under Section 498A, 406 of the Indian Penal Code and Section4 of Dowry Prohibition Act, pending in the court of A.C.J.M.-VII, Kaimur at Bhabua. As per prosecution case marriage of informant was solemnized with the petitioner and after marriage the accused persons tortured her with respect to demand of Rs.2 lac and a four wheeler vehicle and she was subjected to assault and ousted from the matrimonial house.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still

Patna High Court CR. MISC. No.8486 of 2019(3) dt.20-09-2019 2/3 ready to keep her with dignity and care and also ready for one time settlement. On the other hand, learned counsel for opposite party No.2 has submitted that she is also ready to reside with the petitioner if she is allowed to live with dignity and care. Heard learned APP also.

In view of above facts and circumstances, let petitioner surrender in the court below on 14.10.2019, on that day opposite party No.2 shall also remain present in court and on filing an affidavit by the petitioner that he is ready to keep her with dignity and care and will not torture her in future by himself or his family members and he will bear the expenses of opposite party No.2 and her daughter, he shall be released on provisional bail for a period of six months and during that period both the parties shall appear in court below in second week of every month, so that the court below shall watch their conduct and marital status and once the court below is satisfied with their conduct and marital status, specially the conduct of the petitioner, his bail bonds shall be confirmed, otherwise the court below is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner.

With the above observation, this application is

Patna High Court CR. MISC. No.8486 of 2019(3) dt.20-09-2019 3/3 disposed of.

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