Ganesh Kumar Ram @ Ganesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33075 of 2021 Arising Out of PS. Case No.-79 Year-2019 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Ganesh Kumar Ram @ Ganesh Ram, son of Late Raj Bali Ram, resident of Village- Narwal Barwal, P.S.- Bagaha (Pathkhouli), District - West Champaran.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Anita Devi Daughter of Raghunath Ram, Wife of Ganesh Kumar Ram, R/O Village- Narwal Barwal, P.S.- Bagaha (Pathkhauli), District- West Champaran.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Shiv Kumar Dwivedy, Advocate For the Opposite Party :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-03-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner seeks anticipatory bail in connection with Complaint Case No.79 of 2019 (Trial No. 4144 of 2019) registered for the offences under Sections 498-A, 379, 323, 504/34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is ready to keep opposite party no.2 with full honour and dignity. A statement to this effect has been made in

Patna High Court CR. MISC. No.33075 of 2021(6) dt.25-03-2022 2/3 paragraph no.12 of this bail application.

In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 12.04.2022 and thereafter both the parties will file an application in the Court below that they have amicably settled 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 Sub Divisional Judicial Magistrate, Bagaha, West Champaran, in connection with Complaint Case No. 79 of 2019 (Trial No.4144 of 2019), 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 in the learned Court below. The Court below will verify the conduct of the petitioner

Patna High Court CR. MISC. No.33075 of 2021(6) dt.25-03-2022 3/3 and opposite party no.2 and thereafter take a decision either to confirm the provisional bail of the petitioner or to cancel 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 vide order dated 26.10.2021 shall continue.

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

(Sandeep Kumar, J) pawan/- U T