Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18560 of 2020 Arising Out of PS. Case No.-107 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Vikram Kumar, aged about 26 years (M) Son of Rajendra Yadav, Resident of Village - Aahokghat, P.S. - S. Kamal, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari, Wife of Vikram Kumar, Daughter of Maulu Yadav, Resident of Village- Aahokghat, PS- S. Kamal, District- Begusarai, Presently residing at Village- Borna Navtoliya, PO- Bari Borna, PS- Gogari, District- Khagaria, Mobile No.9113735976.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar, Advocate For the State :

Mr. Mritunjay Kumar Nirala, APP For the Opposite Party No. 2 :

Mr. Rajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-01-2021 Heard Mr. Umesh Kumar, learned counsel for the petitioner; Mr. Mritunjay Kumar Nirala, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State and Mr. Rajesh Kumar, learned counsel for the opposite party no. 2.

2. The petitioner is in custody in connection with Sahebpur Kamal PS Case No. 107 of 2019 dated 14.04.2019, instituted under Sections 498A, 307, 328/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, 1961.

Patna High Court CR. MISC. No.18560 of 2020 dt.25-01-2021 2/3

3. By order dated 01.12.2020, the petitioner was released on provisional bail for participating in the Mediation by the learned Mediator in the Civil Courts, Begusarai.

4. Today, learned counsel for the petitioner submitted that he has filed affidavit bringing on record the report of the learned Mediator which states that the parties have compromised the matter and the opposite party no. 2 is living with the petitioner. However, it has been indicated that the Court may get the matter monitored for six months in view of apprehension of the opposite party no. 2 with regard to the conduct and behaviour of the petitioner and his family members.

5. As the matter relates to matrimonial dispute which, due to the efforts of the learned Mediator, seems to be on way to reconciliation, the Court does not deem it necessary to keep the matter pending.

6. Accordingly, the provisional bail granted to the petitioner stands confirmed subject to him giving an undertaking before the Court below that he shall keep the opposite party no. 2 with him with full dignity, honour and security and shall take care of all her needs. Further, he shall also undertake that the opposite party no. 2 shall be free to talk to, visit or meet any person she desires, without any let or hindrance, either from the petitioner or

Patna High Court CR. MISC. No.18560 of 2020 dt.25-01-2021 3/3 his family members. Such undertaking shall be given before the Court at the time of confirmation of his bail when the petitioner shall appear, which shall be latest within two weeks from today. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. Further, on each and every date, both the petitioner and the opposite party no. 2 shall appear before the Court below and their statement shall be recorded. The Court below shall be particular to interact with the opposite party no. 2 before recording her statement with regard to the relationship between the parties.

7. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T