Santosh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9912 of 2017 Arising Out of PS.Case No. -294 Year- 2016 Thana -PHULWARI District- PATNA ====================================================== Santosh Kumar, S/o Parmanand Thakur, resident of village - Bhusola Pokhar, Police Station Phulwari Sharif, District - Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Ritika Raj, W/o Santosh Kumar and D/o Baliram Sharma, at Present residing at village / Mohalla - Kharkhura Sangam Chowk, Police Station - Delha, District - Gaya .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar, Advocate For O.P. 2 : Mr. Shivendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioner, learned counsel for opposite party No.2 and learned APP for the State. The petitioner apprehends his arrest in connection with Phulwari Sharif P.S.Case No. 294 of 2016 registered for the offences punishable under Sections 498A/34/316/341/323 of the Indian Penal Code, including Sections 3/4 of Dowry Prohibition Act.

The case is under Section 498A IPC and petitioner is the husband.

It has been submitted on behalf of the petitioner that petitioner is ready to keep opposite party No.2 with him with all

Patna High Court Cr.Misc. No.9912 of 2017 (3) dt.25-04-2017 2/2 dignities and care and learned counsel for opposite party No.2 has no objection to the prayer made if she is allowed to live with the petitioner with all dignities and care.

In view of above circumstances, let petitioner surrender before the court below on 8th May, 2017, on which date opposite party No.2 shall also remain present in court and the learned court below, on being satisfied that they are willing to live together, will release the petitioner on provisional bail for six months on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to its satisfaction and the court below will watch the conduct of the parties by directing them to appear on a particular date in every month and after six months on being satisfied with the matrimonial relationship between the parties, will confirm the bail of the petitioner, otherwise the court below will pass any other order as he may deem fit and proper.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) spal/- U