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Patna High CourtCR. MISC./31560/2021bail granted

Krishna Kumar v. The State Of Bihar

2022-01-12Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31560 of 2021 Arising Out of PS. Case No.-164 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== KRISHNA KUMAR SON OF SHIVSHANKAR MAHTO R/O VILLAGEPURE MOHANPUR, P.O.- RAMCHANDRA, P.S.- LAKHNOUR, DISTRICT- MADHUBANI.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NEELAM KUMARI WIFE OF KRISHNAN KUMAR R/O VILLAGEPURE MOHANPUR, P.O.- RAMCHANDRA, P.S.- MADHEPUR, DISTRICT- MADHUBANI. PRESENTLY RESIDING D/OBHOGENDRA PRASAD, RESIDENT OF VIILLAGE- NAVTOLI, P.O.- BELA, P.S.- BABU BARHI, DISTRICT- MADHUBANI.

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-01-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2. The petitioner seeks anticipatory bail in connection with Madhubani Complaint Case No. 164/2019 registered for the offences under Section 498-A and other allied sections of the Indian Penal Code and under Sections 3⁄4 of the Dowry Prohibition Act.

In paragraph No. 10 of the bail petition, specific statement was made that the petitioner is ready to keep the opposite party no.2 with full honour and dignity.

Patna High Court CR. MISC. No.31560 of 2021(2) dt.12-01-2022 2/3 In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 18.02.2022 and, thereafter, both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Madhubani Complaint Case No. 164/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail or to cancel the same in the facts of the case.

Patna High Court CR. MISC. No.31560 of 2021(2) dt.12-01-2022 3/3 Till filling of the application by both the parties in the Court below, let there be no coercive steps against this petitioner in connection with the present case.

With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) Saif/- U T