Manoranjan Kumar @ Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21710 of 2017 Arising Out of PS.Case No. -176 Year- 2016 Thana -ALOULI District- KHAGARIA ====================================================== Manoranjan Kumar @ Pappu Kumar Son of Sri Madan Prasad Yadav, Resident of Village- Sanjhautia, P.O.- Goriyumi, P.S.- Allouli , DistrictKhagaria. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Shuchi Kumari, W/o Manoranjan Kumar @ Pappu, resident of villageSanjhoti, P.O. Goriyami, P.S. Allouli, District- Khagaria, .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bharat Bhushan, Advocate For the Opposite Party/s : Mr. Sri Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks bail in Allouli P.S. Case No. 176 of 2016 arising out of G.R. No. 1516 of 2016 instituted for the offence under Sections 341, 323, 504, 498(A) of the Indian Penal Code and Sections 3 /4 of the Dowry Prohibition Act. The petitioner is the husband of the informant. It is submitted that he is ready to keep the informant and his 2 1⁄2 years old daughter, who is at present living with her mother. It has been submitted on behalf of the informant that she is also ready to live with the petitioner provided the husband keeps her properly with all care and dignity.
Patna High Court Cr.Misc. No.21710 of 2017 (3) dt.19-05-2017 2/3 In such circumstances the petitioner, above named, is granted provisional bail for a period of nine months, to be calculated from the date of his release, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Allouli P.S. Case No.176 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.
The petitioner will file an Affidavit that he will keep the wife and daughter with all care and dignity and the Court below will try to reconcile the matter and will monitor the relationship between the parties by calling both of them every month in the Court and if satisfied that the petitioner is keeping the wife and daughter with care and dignity and good conjugal relationship have been restored between husband and wife and wife does not make any complain about the physical and mental torture committed by the petitioner during the period of her stay with him, the provisional bail of the petitioner shall be confirmed after nine months.
It is made clear that in the event the petitioner does not file Affidavit, as ordered above, or during the period of monitoring, the wife appears and husband refuses to keep her or
Patna High Court Cr.Misc. No.21710 of 2017 (3) dt.19-05-2017 3/3 during monitoring, the wife makes complain about physical and mental torture committed by the petitioner, the Court below will be at liberty to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner. (Sanjay Priya, J) S.Pandey/- U T