Rajgir Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19193 of 2019 Arising Out of PS. Case No.-579 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== RAJGIR KUMAR RAJAK Son of Lal Babu Baitha Resident of Village - Bakhra P.S.- Saraiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Savitri Devi Wife of Rajgir Kumar Rajak D/o- Yugal Rajak, Resident of Village - Baijnathpur, P.S.-Vaishali, District - Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-01-2020 This application, for grant of anticipatory bail, arises out of Saraiya P.S. Case No. 579 of 2018, disclosing offences under Section 341, 323, 504, 506, 498(A), 34 and 494 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the informant and allegation against him is of subjecting the informant to cruelty in connection with demand of dowry.

Submission of learned counsel for the petitioner is that all the allegations are false and earlier to filing of the present case, a divorce case has been filed by the petitioner and only after that the present false and concocted case has been

Patna High Court CR. MISC. No.19193 of 2019(4) dt.07-01-2020 2/3 filed. However, in spite of that he is still ready to keep the informant with full honour and dignity.

Heard learned A.P.P. as well as learned counsel for the informant. Learned counsel for the informant has submitted that the informant is also ready to live with the petitioner, if she is kept with full honour and dignity as a wife. Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the informant to appear before the concerned court below on 03.02.2020 and if the petitioner files a petition that he is ready to keep the informant with himself with full honour and dignity and if he is willing to take the informant with himself from the court itself, the court below shall extendt the provisional bail already granted to the petitioner vide order dated 29.03.

Patna High Court CR. MISC. No.19193 of 2019(4) dt.07-01-2020 3/3 provisional bail of the petitioner.

It is made clear that during the period of provisional bail, the petitioner shall not press the application for divorce before family court and once the dispute is reconciled between the parties, he will withdraw the divorce case. With the above observation, this application is disposed of .

(Vinod Kumar Sinha, J) sunilkumar/- U T