Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17674 of 2020 Arising Out of PS. Case No.-2743 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Dheeraj Kumar, aged about 34 years, Gender-Male, S/o Narendra Singh Resident of Village and Post - Maranchi, P.S.- Punpun, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Babita Kumari, aged about 31 Years, Gender-Female, Wife of Dheeraj Kumar, D/o Kapildeo Prasad Singh R/o Village - Sati Ashthan, Main Road, Masaurhi, Near of the Police Station Masaurhi, P.S.- Masaurhi, DistrictPatna at Present R/o village - Betaura, P.O.+ P.S.- Beur, District - Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Sheo Nandan Pandit, Advocate For the State :

Mr.Prem Kumar Jha, APP For O.P. No. 2 :

Mrs. Reena Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-01-2021 Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing on behalf of the State as well as learned counsel appearing on behalf of opposite party no. 2.

The petitioner, who is the husband of opposite party no.2, is apprehending arrest in connection with Complaint Case No. 2743 (C) of 2019 for offences under Sections 323, 504, 506. 379, 498(A) and 354 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.17674 of 2020(4) dt.11-01-2021 2/3 Learned counsel appearing on behalf of the petitioner would submit that the petitioner is ready to keep his wife (opposite party no. 2) with full honour and dignity. Learned counsel appearing on behalf of the opposite party no. 2 also submits that opposite party no. 2 is ready to live with her husband provided the husband keeps opposite party no. 2 with full honour and dignity as wife.

Considering the aforesaid and in order to restore normalcy in conjugal life between the petitioner and opposite party no.2, this Court is inclined to grant the privilege of anticipatory bail to the petitioner. Let petitioner, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Smt. Ritu Kumari, Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 2743 (C) of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

In the event the petitioner neglects, misbehaves or torture the complainant (opposite party no. 2), the court below shall be at liberty to cancel his bail bond. The husband in order to perform matrimonial obligation will collect his wife on the

Patna High Court CR. MISC. No.17674 of 2020(4) dt.11-01-2021 3/3 date the petitioner surrenders before the court below and prays for bail.

(Anil Kumar Upadhyay, J) BT/- U T