Sunil Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13066 of 2017 Arising Out of PS.Case No. -185 Year- 2016 Thana -KHAGAUL District- PATNA ====================================================== Sunil Kumar, S/o Sri Bhulan Paswan, resident of Village- Nainchak, P.S.- Khagaul, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Khushbu Kumari, W/o Sunil Kumar, Daughter of Mithilesh Paswan, resident of Village- Nainchak, P.S. Khagaul, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Prasad, Advocate. For the Opposite Party/s : Mr. Umanath Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Khagaul P.S. Case No. 185 of 2016 instituted for the offence under Sections 323, 504, 498-A of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

It has been submitted that petitioner is husband of the informant. Petitioner is always ready to keep the opposite party No. 2 (wife) and his two minor sons with full dignity and care. He had appeared in the court below and has made similar submission which is mentioned in the impugned order but the opposite party No. 2 (wife) did not become ready to go with the petitioner (husband). In the instant case notice has been validly served on the opposite party No. 2 but neither the opposite party No. 2 (wife) herself

Patna High Court Cr.Misc. No.13066 of 2017 (3) dt.10-05-2017 2/3 appeared nor has any Vakalatnama been filed on her behalf. In such circumstances, this application is disposed off with direction to petitioner to surrender before the Court below i.e. Sri R.N. Singh, learned Judicial Magistrate, Danapur, Patna, or his successor, within a period of four weeks from today in connection with Khagaul P.S. Case No. 185 of 2016 along with Affidavit that he will keep the wife and two minor sons with full dignity and care, and in that event the court below will release the petitioner on provisional bail to its own satisfaction for a period of six months and will issue notice to the wife-Opposite Party No.2 and on appearance of Opposite Party No.

2 (wife), she becomes ready to go with the petitioner (husband), the court below will monitor the relationship between the parties by calling both of them every month in the Court and in the event the Court below finds that good conjugal relationship have been restored between husband and wife or wife does not make any complain about the physical and mental torture committed by the petitioner during the period of her stay with him or Court below finds that good conjugal relationship could not be restored on account of indifferent attitude of wife, or the wife does not appear even after service of notice, the Court below will confirm the provisional bail of the petitioner after six months.

It is made clear that in the event the petitioner does not surrender along with Affidavit, as ordered above, in the court below within four weeks or the wife during the period of monitoring makes

Patna High Court Cr.Misc. No.13066 of 2017 (3) dt.10-05-2017 3/3 complain about physical and mental torture committed by the petitioner without any valid reason, it will be open to the court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner without taking into consideration the observations made above by this Court.

The application is, accordingly, disposed off. (Sanjay Priya, J) S.Ali/- U T