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Patna High CourtCR. MISC./16986/2019disposed

Pramod Paswan v. The State Of Bihar

2019-09-02Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16986 of 2019 Arising Out of PS. Case No.-120 Year-2018 Thana- NAGARNAUSA District- Nalanda ====================================================== Pramod Paswan, Son of Jawahar Paswan Resident of Village - Fata Bigaha, P.S.- Nagarnausa, District - Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Archana Devi, Wife of Pramod Paswan, D/o Mahesh Paswan, at present R/o - Karim Chak, Belwan, P.S. - Harnaut, District - Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-09-2019 This is an application for grant of anticipatory bail in connection with Nagarnausa P.S. Case No. 120 of 2018, disclosing offences under Sections 341, 323, 504, 498A, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Case is under Section 498-A of the IPC with an allegation of demand of Rs.1,00,000/-, for that, assaulted the informant and ousted her from the house.

On appearance of the opposite party no. 2, the matter was referred to the Patna High Court Mediation & Reconciliation Center, vide order dated 19.06.2019. The report of Mediator is available on record at Flag "C" which disclosed that in spite of sincere efforts the dispute between the parties

Patna High Court CR. MISC. No.16986 of 2019(6) dt.02-09-2019 2/3 could not be resolved.

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. Learned counsel for the opposite party no.2, has also submitted that opposite party no.2 is ready to reside with the petitioner, if the petitioner is ready to bear her daily and medical expenses and other expenses.

Having heard both sides, as the matter relates to matrimonial dispute between the parties, it is better to dispose of the application with a direction toe the petitioner to surrender before the learned court below on 11.09.2019 and on that day, the opposite party no.2 shall also remain present in the Court, and further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and care and will provide her daily expenses, medical expenses as well as other expenses and to take her from the Court itself, then he will be released on provisional bail for a period of 08 month to his own satisfaction. During that period, the learned court below shall watch the conduct of both the parties and further directs that both the parties shall appear once in two months in the second week of the month before the learned court below. Once the court below

Patna High Court CR. MISC. No.16986 of 2019(6) dt.02-09-2019 3/3 is satisfied with the conduct of both the parties, and their marital relationship, especially the conduct of the petitioner, the court below either confirm the bail bonds of the petitioner or pass any other orders, which may deem fit and proper, including cancelling the bail bonds of the petitioner.

With the aforesaid observations, this application is disposed of.

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