Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30078 of 2021 Arising Out of PS. Case No.-1584 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== PAWAN KUMAR, Son of Late Tapeshwar Sah, Resident of Village - Ajana, Ward no. 7, P.S. - Kalyanpur, District - Samastipur. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Priyanka Kumari, Daughter of Late Jageshwar Sah, Resident of Village - Rampur Dudhpura, P.S. - Muffasil, District - Samastipur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Kundan Kumar, Advocate For the State :

Mr. Damodar Prasad Tiwary, APP for the Opp. Party No.2 :

Mr. Dilip Kumar Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-03-2022 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 C.R. Case No. 1584 of 2018 (T.R. No. 3308 of 2019) registered for the offences under Sections 498-A/34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.

The petitioner and opposite party no.2 are present in person along with their advocates. Both the parties

Patna High Court CR. MISC. No.30078 of 2021(5) dt.24-03-2022 2/3 themselves submit that they want to stay together as husband and wife.

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, Samastipur, in connection with C.R. Case No. 1584 of 2018 (T.R. No. 3308 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.30078 of 2021(5) dt.24-03-2022 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 24.12.2021 shall continue.

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

(Sandeep Kumar, J) pawan/- U T