Pappu Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.858 of 2019 In CRIMINAL MISCELLANEOUS No.26243 of 2015 Arising Out of PS. Case No.- Year-0 Thana- District- ====================================================== Pappu Kumar Choudhary Late Faggu Choudhary Resident of Ranipur Adda renter of Ayodhya Yadav, P.s-Mehdiganj, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Pintu Devi Late Dipali Choudhary, Resident of village-Hemjapur, P.SRaghopur, District-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Bansh Dubey For the Opposite Party/s :

Mr.Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-07-2019 Heard learned counsels for the parties.

The present application has been filed for modification of the order dated 17.7.2015 passed in Cr. Misc. No.26243 of 2015 to the extent of confirming the provisional anticipatory bail.

The petitioner being husband of the informant in a case registered for the offences punishable under Sections 341,323,504,498A,379 and 349 of the IPC and Sections 3 and 4 of Dowry Prohibition Act, preferred Cr. Misc. No. 26243 of 2015 with a prayer for anticipatory bail and was granted anticipatory bail for a period of one year on the submission of the learned counsel for the petitioner that the

Patna High Court CR. MISC. No.858 of 2019(2) dt.03-07-2019 2/3 petitioner is ready to keep the informant as wife with full dignity and honour. The learned Court below was supposed to issue notice to the informant when the petitioner was to take the informant to her matrimonial house. Thereafter the provisional bail was to be confirmed in three eventualities - (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to appear before the learned Court below or (iii) if the informant gets reluctant to reconcile the issue.

Learned counsel for the petitioner submits that the petitioner is ready to take the informant to her matrimonial house.

Considering the fact that the petitioner was granted provisional anticipatory bail for a period of one year vide order dated 17.7.2015 and the present modification application was registered on 8.1.2019, this Court is not inclined to interfere.

This application is, accordingly, dismissed.

However, considering the nature of accusation and the fact that the petitioner remained on provisional anticipatory bail for a considerable period, it is a case for consideration of prayer for regular bail by learned Court

Patna High Court CR. MISC. No.858 of 2019(2) dt.03-07-2019 3/3 below in case the petitioner surrenders and prays for bail within a period of six weeks.

(Dinesh Kumar Singh, J) anil/- U