Shiv Shankar Rai @ Shiv Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20939 of 2019 Arising Out of PS. Case No.-102 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Shiv Shankar Rai @ Shiv Shankar Kumar, Son of Raj Mangal Rai Resident of Village- Hemanpur, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Devi, Wife of Shivshankar Rai, Resident of Village- Hemanpur, P.S.- Ahiyapur, District- Muzaffarpur, daughter of Vindeshwar Rai, presently resides at Village- Sahwajpur, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 102 of 2017, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Allegation as per complaint petition lodged by the wife of the petitioner that after the marriage there was a dispute with respect to demand of Hero Honda Motorcycle that was resolved by the intervention of the local people. Thereafter, petitioner appointed as a Teacher and she apprehends that he married with one Nibha Devi and for that a Panchayati was also held, in that Panchayati the petitioner and other accused persons threatened the complainant and also snatched the purse of her mother.

Patna High Court CR. MISC. No.20939 of 2019(7) dt.16-07-2019 2/3 Submission of learned counsel for the petitioner is that the whole allegations are false and concocted and he is still ready to keep her with full dignity and care. On the other hand, the opposite party no.2 has appeared and submitted that she is also ready to reside with the petitioner, if she is allowed to live with full dignity and care. In such view of the matter, let the petitioner, above named, surrender before the learned court below on 24.07.2019 and on that day the opposite party no.2 shall also remain present in the Court, and further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and care and to take her from the Court itself, he will be released on provisional bail for a period of six months.

During that period, the learned court below shall watch the conduct of both the parties and further directs that both the parties shall appear in the second week of each month before the learned court below. Once the court below is satisfied with the conduct of both the parties, and their marital relationship, especially the conduct of the petitioner, the court below either confirm the bail bonds of the petitioner or pass any other orders, which may deem fit and proper.

With the aforesaid observations, this application is

Patna High Court CR. MISC. No.20939 of 2019(7) dt.16-07-2019 3/3 disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T