Mukesh Rai @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18200 of 2019 Arising Out of PS. Case No.-2336 Year-2016 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== MUKESH RAI @ MUKESH KUMAR Son of Satya Narayan Rai R/o village- Sondho Rathi, P.S.- Goraul, District- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rinki Devi W/o Mukesh Rai, D/o Ram Shresth Rai Resident of Karhatiya Bujurg, P.S.- Goraul (O.P. Katahara), District- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-08-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 2336/2016, disclosing offences under Section 498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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

Earlier the matter was referred to Patna High Court Mediation and Conciliation Centre, Patna and the report has been submitted by learned Mediator, which is kept at flag -'B' shows that the mediation between the parties failed. Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.18200 of 2019(4) dt.05-08-2019 2/3 that all the allegations are false and concocted and he is still ready to keep the complainant with full honour and dignity. Heard learned A.P.P. as well as learned counsel for the complainant. Learned counsel for the complainant has submitted that the complainant is also ready to live with the petitioner and the her only demand is for construction of toilet and installation of hand pump.

Learned counsel for the petitioner has agreed that he will construct the toilet as well as install the hand pump with a reasonable time.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the complainant to appear before the concerned court below on 14.08.2019 and if the petitioner files a petition that he is ready to keep the complainant with himself with full honour and dignity and if he is willing to take the complainant with himself from the court itself, the court below shall release the petitioner on provisional bail for a period of six months to his own satisfaction and in the meantime, the court below will watch the conduct of the parties by calling the complainant and petitioner in the third week of each month for a period of six months and after six months, if the court below is

Patna High Court CR. MISC. No.18200 of 2019(4) dt.05-08-2019 3/3 satisfied with the conduct of the petitioner and also to verify whether petitioner has constructed the toilet and installed the hand pump, he will confirm the provisional bail of the petitioner otherwise, he will be at liberty to pass any order as he deems fit and proper including cancellation of bail bonds of the petitioner.

With the above observation, this application is disposed of .

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