Kunal Krishna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41065 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -KOILWAR District- BHOJPUR ====================================================== Kunal Krishna, Son of Rajendra Prasad Singh, R/o Village- Nagraon, P.S.- Charpokhari, At Present Gas Agency Road, Pakri, P.S.- Arrah Nawada , District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prem Ranjan Kumar, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Koilwar P.S. Case No. 105 of 2017 instituted for the offence under Section 498(A) of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act.

It has been submitted on behalf of the petitioner that the petitioner is ready to keep his wife with full honour and dignity.

The counsel for the opposite party No. 2 has appeared and submitted that opposite party No. 2 (wife) is also ready to live with her husband.

Accordingly, this application is disposed off with direction to petitioner to surrender before the Court below i.e.

Patna High Court Cr.Misc. No.41065 of 2017 (3) dt.07-09-2017 2/3 Chief Judicial Magistrate, Bhojpur at Arrah, within a period of four weeks from today in connection with Koilwar P.S. Case No. 105 of 2017, along with Affidavit that he will keep the wife with full dignity and care.

In the event the Court below finds that petitioner is ready to keep his wife with full dignity and care, the court below will release the petitioner on provisional bail to its own satisfaction for a period of nine months and will issue notice to informant (wife) and on appearance of wife if she becomes ready to go with her husband, the court below will monitor the relationship between the parties by calling both of them every months in the court below and in the event the court below finds that good conjugal relationship has been restored between husband and wife and wife does not make any complain about physical and mental torture committed by the petitioner during the period of her stay with him or court below finds that good conjugal relationship could not be restored on account of indifferent attitude of wife or the wife does not appear even after valid service of notice, the court below will confirm the provisional bail of the petitioner after nine months.

Patna High Court Cr.Misc. No.41065 of 2017 (3) dt.07-09-2017 3/3 in court below or wife during the period of monitoring makes complain about physical and mental torture committed by the petitioner, it will be open to the court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner without taking into consideration the observations made above by this Court.

Application is disposed off with aforesaid observations.

(Sanjay Priya, J) S.Ali/- U T