Dhanilal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19052 of 2019 Arising Out of PS. Case No.-1396 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== DHANILAL PRASAD, Son of Sankar Prasad, Resident of Village - Sataha Baya Tola, P.S.- Paharpur, Distt - Motihari, East Champaran. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Deepa Devi Wife of Dhanilal Prasad, D/o Ramesh Prasad Resident of Village - Ibrahimpur, P.S.- Paharpur, Distt - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. C 1396 of 2017 disclosing offences under Section 498A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Allegation as per complaint petition against the petitioner is that who happens to be the husband of the complainant that for demand of motorcycle, he subjected his wife with cruelty and harassment and lastly on 07.07.2017 ousted her from the house.

Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case. He is still ready to keep her with dignity and care.

Patna High Court CR. MISC. No.19052 of 2019(3) dt.28-06-2019 2/2 Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who has submitted that she has filed a maintenance case also being Maintenance Case No. 161 of 2018 and apart from that she is still ready to reside with the petitioner, if petitioner allows to keep her with dignity and care. Having heard both sides, considering the above submission, this application is disposed of with the condition that petitioner shall appear before the learned court below on 10.07.2019 and on that day, the opposite party no.

2 shall also remain present in the Court and further on filing an affidavit by the petitioner that he is ready to keep her and take her in the Court, the Court shall release him on provisional bail for a period of six months and shall also direct that both the parties shall appear in the second week of each month, so that the court below after seeing the conduct of both the parties, the order may be passed either confirming the bail bonds or any other order which may fit and proper including the cancellation of the bail bonds.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T