Pawan Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11615 of 2020 Arising Out of PS. Case No.-324 Year-2019 Thana- BIHPUR District- Bhagalpur ====================================================== 1.

Pawan Kumar Soni S/o Laxman Sah Resident of Village- Auliyabad Ward No.7, P.S.- Bihpur (Jhandapur, O.P.), Distt- Bhagalpur. 2.

Shushila Devi W/o Laxman Sah Resident of Village- Auliyabad Ward No.7, P.S.- Bihpur (Jhandapur, O.P.), Distt- Bhagalpur. 3.

Ravi Kumar S/o Laxman Sah Resident of Village- Auliyabad Ward No.07, P.S.- Bihpur (Jhyandapur, O.P.), Distt- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Arti Soni W/o Pawan Kumar Soni, D/o Pramod Kumar Soni Resident of Mohalla- Chakhusaini Ward No.05, P.S.- Mansi, Distt- Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Jyoti Ranjan Jha For the State :

Mr.Chandra Sen Prasad Singh For the O.P.2 :

Mr.Pravin Kumar Agrawal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

25-03-2021 Heard learned counsel for the petitioners, State and opposite party no. 2.

The petitioners apprehend their arrest in Bihpur (Jhandapur) P.S. Case No. 324 of 2019 registered for the offence under Sections 498(A) & other allied sections of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. It is submitted on behalf of petitioners that petitioner no. 1 is husband, petitioner no. 2 is mother-in-law and petitioner no. 3 is brother-in-law (devar) of informant/opposite party no. 2. It is further submitted that petitioner no. 1 is ready to keep

Patna High Court CR. MISC. No.11615 of 2020(4) dt.25-03-2021 2/3 opposite party no. 2, as his wife, with full honour and dignity. Counsel for the opposite party no. 2 submits that opposite party no. 2 is willing to live with petitioner no. 1, provided petitioner no. 1 and her other in-laws members shall not torture or harass her.

In the aforesaid facts & circumstances and in view of undertaking given by the petitioners, the prayer for anticipatory bail of petitioners is allowed. In the event of their arrest or surrender within a period of eight weeks from the date receipt/production of copy of this order, let the above-named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate 1st, Naugachia (Bhagalpur) in connection with Bihpur (Jhandapur) P.S. Case No. 324 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. with further conditions that:

(A) Petitioners will keep opposite party no. 2 with full owner and dignity.

(B) Petitioner no. 1 (husband) is directed to visit the house of opposite party no. 2 and take her to his house within a period of one week and do not harass, torture or oust her from the house.

(C) If the petitioners fail to comply with

Patna High Court CR. MISC. No.11615 of 2020(4) dt.25-03-2021 3/3 the direction of this Court, the opposite party no. 2 would be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J.) anay U T