Amar Kumar Bishwas @ Amar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20098 of 2019 Arising Out of PS. Case No.-639 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== Amar Kumar Bishwas @ Amar Kumar Son of Veyas Dev Bishwas Resident of Village - Baurel, P.S.- Mahalgaon, Distt.- Araria. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Khushbu Devi @ Krishna Devi Wife of Amar Kumar Bishwas @ Amar Kumar , D/o Late Bhola Prasad bishwas, Resident of Village - Tekni, P.S.- Mahalgaon, Distt.- Araria.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Naushad Uzzoha For the Opposite Party/s :
Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 639C of 2018, disclosing offences under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Allegation against the petitioner is of subjecting his wife to cruelty and harassment with respect to demand of two lacs rupees and a motorcycle.
Submission of learned counsel for the petitioner is that the allegation is false and concocted and he is still ready to keep her with full dignity and care.
Heard learned counsel for the opposite party no.2, who has opposed the prayer for anticipatory bail of the
Patna High Court CR. MISC. No.20098 of 2019(3) dt.17-05-2019 2/3 petitioner on the ground that earlier in the maintenance case interim maintenance of Rs.4,000/- was allowed vide order dated 03.11.2018 in Maintenance Case No. M185 of 2018 by the Family Court, Araria, but not a single penny has been paid to opposite party no.2, who has also a minor daughter. Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with a direction to the petitioner to appear before the court below on 04.06.2019 and file a petition that he is still ready to keep the opposite party no.2 with full dignity and care and take her from the court below itself and further that he will pay 50% of the dues amount to the opposite party no.2 within a period of two months and on that date, the opposite party no.
Patna High Court CR. MISC. No.20098 of 2019(3) dt.17-05-2019 3/3 been paid, he shall confirm the provisional bail granted to the petitioner vide order dated 04.04.2019, otherwise, he is free to pass any order or orders as he deems fit and proper and including cancellation of bail bonds of the petitioner. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T