Fantush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26688 of 2020 Arising Out of PS. Case No.-891 Year-2018 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Fantush Kumar Son of Jagdish Sah Resident of Village - Lakshmipur, P.S. - Gogari, District - Khagaria.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Khushboo Kumari Wife of Fantush Kumar Daughter of Awadhesh Sah, Resident of Village - Harin Mar, P.S.- Parbatta, District - Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. This is a case under Section 498A of the Indian Penal Code.

Both sides are represented. They are willing for restitution of conjugal life provided that the petitioner keeps Opposite Party No.2 with full honour and dignity. In the aforesaid circumstance, let the petitioner, above named, in the event of his arrest or surrender before the Court

Patna High Court CR. MISC. No.26688 of 2020(4) dt.09-02-2021 2/2 below within a period of thirty days from the date of receipt of the order, be released on provisional anticipatory bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Complaint Case No.891C of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. On the next date fixed before the Court-below, both the parties shall voluntarily appear and Opposite Party No.2 shall go with the petitioner.

If any further complaint of torture comes before the Court-below that would be a ground for cancellation of provisional bail of the petitioner by the Court-below itself. If no complaint comes against the petitioner, the Court-below would confirm the provisional bail of the petitioner.

(Birendra Kumar, J) Mkr./- U T