Kalyan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33679 of 2012 ======================================================

1. Kalyan Choudhary, S/O Rewati Raman Choudhary, Resident of Mohalla - Vidyapati Nagar, Chakdah, P.S. - Rajnagar, District + Town - Madhubani .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20 15-04-2015 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the informant.

This is a petition for grant of regular bail in a case under Sections 498A and 341 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The petitioner was ordered to remain on interim bail by order dated 05.09.2012 in view of submission that the parties are willing to compromise. However, subsequently, the daughter of the informant continued to show her willingness to live with petitioner-husband in matrimonial house but he refused to keep her.

The learned counsel for the petitioner submits that in a petition for anticipatory bail neither an order for maintenance can be ordered nor an order detrimental to petitioner can be made for which reliance has been made in decision reported in AIR

Patna High Court Cr.Misc. No.33679 of 2012 (20) dt.15-04-2015 2009(4) SCC 4. However, the daughter of the informant shows her willingness to live in matrimonial house with her husband. Hence, the interim bail granted to the petitioner shall continue with condition that the petitioner will allow the daughter of the informant to live in the matrimonial home and the trial court shall confirm the bail bond on being satisfied that the daughter of the informant is allowed to live in the matrimonial home within three months and on being satisfied that the condition is fulfilled shall confirm the bail bond.

Kundan/- (Gopal Prasad, J.) U T