Nitesh Kumar Bahardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21143 of 2019 Arising Out of PS. Case No.-917 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== NITESH KUMAR BAHARDAR, Son of late Machhali Bahardar, Resident of Village - Gurmi, P.S.- Forbesganj (Simraha), Distt - Araria. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Babita Devi, D/o Naimchand Singh, Wife of Nitesh Kumar Bahardar Resident of Village - Patengna Palasi, P.S.- Tarabari, Distt - Araria. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 917-C of 2017 in which cognizance has been taken under Section 498A of the Indian Penal Code.

Allegation against the petitioner is that he tortured to his wife-complainant.

Submission of learned counsel for the petitioner is that he is still ready to keep her and allegation is false and concocted.

Heard learned APP and learned counsel for the complainant. Learned counsel for the opposite party No.2 has submitted that she is also ready to reside with the petitioner if

Patna High Court CR. MISC. No.21143 of 2019(4) dt.20-06-2019 2/2 she is allowed to live with dignity and care. In view of above facts and circumstances, let petitioner surrender in the court below on 4.7.2019. On that day opposite party No.2 shall also remain present in court and on filing an affidavit by the petitioner that he is ready to keep the complainant with him with dignity and care and also ready to take her from the court itself to his house, he shall be released on provisional bail by the court below itself for a period of six months and during that period the court below shall watch the conduct of both the parties by calling them in first week of every month and once the court is satisfied with the conduct of petitioner and opposite party No.2, specially the conduct of the petitioner, his bail bond shall be confirmed, otherwise the court below is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T