Kabir @ Kabiruddin v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14253 of 2019 Arising Out of PS. Case No.-88 Year-2017 Thana- TERHAGACHH District- Kishanganj ====================================================== KABIR @ KABIRUDDIN Son of Late Sarfuddin Resident of Nayabasti, Mushahra, P.S.- Terhagachh, Distt - Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manjari Begam Wife of Kabir @ Kabiruddin Resident of Nayabasti, Mushahra, P.S.- Terhagachh, Distt - Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhanshu Shekhar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 This is an application for grant of anticipatory bail in connection with Terhagachh P.S. Case No. 88 of 2017, disclosing offences under Sections 341, 323, 498(A)/34 of the Indian Penal code and Section 3⁄4 of the Dowry Prohibition Act. Allegation against the petitioner, who happens to be the husband of the informant, is of subjecting his wife to cruelty and harassment with respect to demand of dowry.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with full dignity and care.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2, they have opposed the prayer for anticipatory bail of the petitioner stating that the petitioner subjecting the

Patna High Court CR. MISC. No.14253 of 2019(3) dt.01-05-2019 2/2 complainant with cruelty and also submitted that she is still ready to live along with the petitioner, if he assure to keep her with full dignity and care.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with a direction to the petitioner to bring his wife/opposite party no.2 from her Maike and opposite party no.2 is expected to come along with the petitioner and appear before the court below along with his wife on 16.05.2019 and file a petition that he is still ready to keep the opposite party no.

2 with full dignity and care and maintain her properly and on filing such an application, the court below shall release the petitioner on provisional bail for a period of twelve months to his own satisfaction and within that period, the learned court below will watch the conduct of both the parties and marital relation between the parties by calling them in the first week of each month and once the learned court below is satisfied with the conduct of both the parties, specially the conduct of the petitioner, he shall confirm the provisional bail of the petitioner otherwise, he is free to pass any order or orders as he deems fit and proper and including cancellation of bail bonds of the petitioner. Accordingly, this application is disposed of.