Jyotish Kumar Rai @ Jyotish Kumar v. The Stateof Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18176 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- FALKA District- Katihar ====================================================== Jyotish Kumar Rai @ Jyotish Kumar, Son of Dinesh Rai, Resident of Village - Parora, P.S.- K.Nagar, District- Purnea ... ... Petitioner/s

Versus

1.

The Stateof Bihar 2.

Khushboo Kumari (Devi), D/O - Sikander Mandal, Wife of Jyotish Kumar Rai @ Jyotish Kumar, Presently residing at her Maike Village - Salepur Maheshpur, P.S.- Falka, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 This is an application for grant of anticipatory bail in connection with Falka P.S. Case No. 20 of 2019, disclosing offences under Sections 498A, 323 of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Allegation as per the complaint petition is of demand of Rs.2,00,000/- and for that, assaulting and subjecting the complainant to cruelty.

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 dignity and care.

Heard learned APP as well as learned counsel for the opposite party no.2, who has no objection in residing with the petitioner, if she is allowed to live with dignity and care.

Patna High Court CR. MISC. No.18176 of 2019(4) dt.22-07-2019 2/2 In such view of the matter, let the petitioner, above named, surrender before the learned court below on 30.07.2019 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 dignity and care and to take her from the Court itself, he will be released on provisional bail for a period of six months. During that period, the learned court below shall watch the conduct of both the parties and further directs that both the parties shall appear in the third week of each month before the learned court below. Once the court below 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