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Patna High CourtCR. MISC./23742/2019disposed

Ravi Kumar v. The State Of Bihar

2019-07-26Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23742 of 2019 Arising Out of PS. Case No.-13 Year-2018 Thana- DELHA District- Gaya ====================================================== RAVI KUMAR, S/O Upendra Singh @ Upendra Ram, R/o vill- Ranisarai P.S.- Pawapuri Distt. Nalanda, At present at room No. 201, B-Wing, K.K. Tower, Sector-23, Kulwe, P.S.- Belapur, Dist.-Raigarh, Navi Mumbai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rashmi Kumari, Wife of Ravi Kumar and Daughter of Karu Prasad, R/O Mohalla- Barki Delha, Kalyanpur, P.S.- Delha, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2019 This is an application for grant of anticipatory bail in connection with Delha P.S. Case No. 13 of 2018, disclosing offences under Sections 498A, 323, 406, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is subjecting his wife-opposite party no.2 to cruelty with respect to demand of Rs.20,00,000/-.

Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted. He is still ready to keep her with dignity and care.

On appearance of the opposite party no. 2, the matter was referred to the Patna High Court Mediation &

Patna High Court CR. MISC. No.23742 of 2019(5) dt.26-07-2019 2/3 Reconciliation Center, vide order dated 17.06.2019. The report of Mediator is available on record at Flag "K" which disclosed that mediation failed, due to interference by the parents of the opposite party no.2.

On the other hand, learned counsel for the opposite party no.2 has submitted that the allegation against her parents is false. She is also ready to reside with the petitioner, if she is allowed to live with dignity and care and will not subject to cruelty.

Having heard both sides, considering the above facts and circumstances, as stated above, let the petitioner surrender before the learned court below on 20.08.2019 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 dignity and care and to take her from the Court itself, then he will be released on provisional bail for a period of 10 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 every two months 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

Patna High Court CR. MISC. No.23742 of 2019(5) dt.26-07-2019 3/3 below shall confirm the bail bonds of the petitioner otherwise free to pass any other order or orders, which may deem fit and proper, including cancelling the bail bonds of the petitioner. It is also expected that parents of both the parties will not make any interference in this matter.

With the aforesaid observations, this application is disposed of.

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