Patna High CourtCR. MISC./16794/2017disposed

Vishal Kumar v. State Of Bihar And ANR

2017-04-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16794 of 2017 Arising Out of PS.Case No. -13 Year- 2016 Thana -PATNA COMPLAINT CASE District- PATNA ======================================================

1. Vishal Kumar, Son of Sri Ambika Prasad Singh, resident of VillageBheriya, P.S.- Muffasil, District- Aurangabad, at present House of 104, Laxmi Nagar, P.S.- Sakarpur, New Delhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Priyanka Kumar, Wife of Shri Vishal Kumar, D/o Shri Ramesh Kumar, resident of Village- Bheriya, P.S.- Muffasil, District- Aurangabadcum-House of 104, Laxmi Nagar, P.S.- Sakarpur, New Delhi, At present residing at Bishnupura, P.S.- Bihta, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Smt. Anita Kumari For opposite party no. 2 : Mr. J.K. Giri. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2017 The petitioner is apprehending his arrest in connection with Complaint Case No. 13(C)/16, registered for offences punishable under Sections 498A, 312 and 120(B) of Indian Penal Code.

Learned counsel for the petitioner has submitted that he is still ready to keep the opposite party no. 2 with full dignity and care.

Learned counsel for the opposite party no. 2-complainant is also ready to live with the petitioner if she is kept with full dignity and care.

In view of the submissions of learned counsel for the

Patna High Court Cr.Misc. No.16794 of 2017 (2) dt.17-04-2017 2/2 parties, let petitioner surrender before the Court below on 02.05.2017 on which date opposite party no. 2, shall also remain physically present and the court below shall watch the conduct of the petitioner and if any application is filed by the petitioner that he is ready to keep opposite party no. 2 and also ready to take the opposite party no.

2 to his house with himself, court below shall enlarged the petitioner on provisional bail to his satisfaction for a period of six months, during which period the petitioner and the complainant shall have to appear in the court below on each month on the date fixed by the court below and the court below only after satisfying himself with the conduct of the petitioner and also after satisfying himself with the status of matrimonial life of the parties, shall confirm the provisional bail of the petitioner, otherwise, he is free to pass any order as he deems fit and proper. It is also made clear that if it is found that opposite party no. 2 is not willing to live with the petitioner, learned court below shall confirm the provisional bail of the petitioner. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U