Navin Kumar Bhadani v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80471 of 2018 Arising Out of PS. Case No.-1139 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Navin Kumar Bhadani, S/o- Late Dev Krishna Bhadani, Resident of Mohalla - G.B. Road Maa Gyan Stationary, P.S.- Kotwali, District- Gaya. ... ... Petitioner

Versus

1.

State Of Bihar 2.

Komal Kumari, W/o- Navin Kumar Bhadani, Resident of Mohalla - G.B. road Maa Gyan Stationary, P.S.- Kotwali, District- Gaya presently Residing at Mohalla- Kirani Ghat, Tekari Road, P.S.- Kotwali, District- Gaya. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1139 of 2018 lodged for the offences punishable under Sections 498A, 323, 506/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Allegation against the petitioner is of subjecting his wife to cruelty and ousted her from the house and taken her ornaments and other articles.

Submission of learned counsel for the petitioner is that the whole property of the petitioner is in the name of opposite party No.2 and she does not want to live with the mother of the petitioner, who is a widow and as such this false and concocted case has been lodged and the impugned order

Patna High Court CR. MISC. No.80471 of 2018(3) dt.15-04-2019 2/2 itself shows that in the court below she has stated that she does not want to live with the petitioner and marriage was solemnized in the year 2005.

Heard learned APP and learned counsel for the complainant, who has opposed the prayer for anticipatory bail of the petitioner stating that she is subjected to cruelty and as such she does not want to reside with the petitioner and a maintenance case is pending.

Having heard both sides and in the facts and circumstances, the provisional bail granted to the petitioner vide order dated 17.1.2019 is, hereby, confirmed in connection with Complaint Case No. 1139 of 2018, pending in the court of the Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that petitioner has to co-operate in disposal of the maintenance case and appear before the court within six weeks.

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