Mritunjay Ravi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24401 of 2021 Arising Out of PS. Case No.-309 Year-2016 Thana- PHULWARISHARIF District- Patna ====================================================== Mritunjay Ravi, Son of Braj Kishore Prasad Singh, R/O Village- Chainpur, P.S.- Kanti, Dist.- Muzaffarpur ... ... Petitioner

Versus

1.

The State of Bihar 2.

Mamta Kumari, D/O Rambabu Singh, R/O Malti Niwas, Jai Hind Colony, New Ranipur, Phulwarisarif, Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Nagendra Kumar, Advocate For the Opposite Party :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-02-2022 Heard learned counsel for the parties.

The petitioner seeks anticipatory bail in connection with Phulwarisharif P.S. Case No. 309 of 2016, registered for the offences under Section 498(A) of the Indian Penal Code and under Sections 3/ 4 of the Dowry Prohibition Act. Both the parties are physically present before this Court and they jointly submit that they ready to live together as husband and wife.

In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 01.03.2022 and thereafter both the parties will file an application in the Court below that they have amicably settled

Patna High Court CR. MISC. No.24401 of 2021(4) dt.21-02-2022 2/3 their disputes and they are staying together. The petitioner will also provide a separate mobile phone and mobile 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 Additional Chief Judicial Magistrate, XV, Patna, in connection with Phulwarisharif P.S. Case No. 309 of 2016 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, the petitioner and opposite party no.2 will again appear before the learned Court below. The Court below will verify the conduct of petitioner and opposite party no.2 and thereafter take a decision either to confirm the provisional bail of the petitioner or to cancell 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 no.1 vide order dated15.02.2022 shall continue.

Patna High Court CR. MISC. No.24401 of 2021(4) dt.21-02-2022 3/3 It has been pointed out by learned counsel for the opposite party no.2 that opposite party no.2 and her son have some medical problems and they are being treated at Sikandarabad where the sister of opposite party no.2 is staying. It has further been pointed out that opposite party no.2 has taken admission in the private B.Ed. College and has some fee issues. It goes without saying that it is for the husband to maintain his wife and his son treated in the best medical facilities available in accordance with his income. It is expected that the petitioner shall fully cooperate in the aforesaid treatment and studies.

With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) pawan/- U T