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Patna High CourtCR. MISC./35613/2021bail granted

Vishal Kumar v. The State Of Bihar

2022-01-24Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35613 of 2021 Arising Out of PS. Case No.-1033 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== VISHAL KUMAR, Son of Ravindra Sah Resident of Village- Sursand, P.S.- Sursand, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

MANJU KUMARI, Wife of Vishal Kumar, Daughter of Late Mahavir Sah Resident of Village- Gangti, P.s.- Ahiyapur, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2, through Video Conferencing.

The petitioner seeks anticipatory bail in connection with Complaint Case No.1033 of 2019, registered for the offences under Sections 323, 498A, 307 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

Learned counsel for the petitioner submits that the petitioner is ready to keep the opposite party no.2 with full honour and dignity.

Both the parties are agreed to live together as husband and wife.

Patna High Court CR. MISC. No.35613 of 2021(2) dt.24-01-2022 2/3 In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him by 7th of March, 2022 and, thereafter, both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Muzaffarpur, in connection with Complaint Case No.1033 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail or to cancel the same in the facts of the case.

Patna High Court CR. MISC. No.35613 of 2021(2) dt.24-01-2022 3/3 With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) sanjeev/- U T