Manish Kumar @ Manish Singh v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9133 of 2019 Arising Out of PS. Case No.-262 Year-2018 Thana- BARBIGHA District- Sheikhpura ====================================================== MANISH KUMAR @ MANISH SINGH, S/o Vijay Singh, Resident of village-Panjari,P.S-Barbigha,Dist. Sheikhpura ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Priyanka Kumari, W/o Manish Kumar @ Manish Singh village-Pinjari P.SBarbigha, Dist. Sheikhpura ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Barbigha P.S. Case No. 262 of 2018 registered for the offences punishable under Sections 341, 323, 324, 498A, 504, 506/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is of subjecting his wife to cruelty with respect to demand of Rs.4 lacs. Submission of learned counsel for the petitioner is that he is still ready to keep the opposite party No.2 with him with dignity and care. On the other hand, learned counsel for opposite party No.2 has drawn my attention towards the impugned order which shows that in spite of notice the

Patna High Court CR. MISC. No.9133 of 2019(4) dt.03-05-2019 2/3 petitioner did not appear for reconciliation and submitted that in spite of that she is still ready to reside with the petitioner if she is allowed to live with dignity and care.

It appears that no doubt impugned order shows that petitioner did not appear on notice but he is ready to keep her with him with dignity and care.

Heard learned APP also.

In such view of the matter, let petitioner surrender before the court below on 16.5.2019, on that day opposite party No.2 shall also remain present in the court and on filing of a petition with affidavit by the petitioner that he is ready to keep opposite party No.2 with him with dignity and care and will not torture her in any manner, he shall be released on provisional bail for a period of nine months to the satisfaction of the court below and during that period the court below will watch the conduct of both the petitioner and opposite party No.2 and their marital relationship by calling them in 1st week of every month and once the court is satisfied with their conduct and marital relationship, specially the conduct of the petitioner, his bail bond 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 the bail bonds of the petitioner.

Patna High Court CR. MISC. No.9133 of 2019(4) dt.03-05-2019 3/3 With the above observation, this application is disposed of.

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