Dr. Dhiraj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4257 of 2018 In Criminal Miscellaneous No.9094 of 2016 Arising Out of PS. Case No.- Year- Thana- District- ====================================================== Dr. Dhiraj Kumar, S/o Sri Harihar Sah, R/o Vill.- Balra Kishun, P.S.- Maniyari, District- Muzaffarpur, presently residing at care of Chandrabhushan Prasad, E-110, D.D.A. Coloney, Khayala, P.S.- Khayala, New Delhi. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Rakhi Kumari, W/o Dr. Dhiraj Kumar, R/o Vill.- Balra Kishun, P.S.- Maniyari, Distt.- Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2019 The present application has been filed for modification of order 23.02.2016 passed in Cr. Misc. No. 9094 of 2016, whereby the petitioner was granted anticipatory bail for six months in a complaint case, wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. The provisional anticipatory bail was granted to the petitioner on the statement made in paragraph 12 of the main petition to the effect that the petitioner is ready to keep the complainant as wife with full dignity and honour when the learned Court below was expected to issue notice to the

Patna High Court Cr.Misc. No.4257 of 2018(2) dt.20-02-2019 2/3 complainant and on her appearance, the petitioner was to take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail was to be confirmed by the learned Court below in three eventualities (i) on substantial restoration of the matrimonial harmony within a period of six months (ii) if the complainant fails to appear before the learned Court below (iii) if the complainant reluctant to reconcile the issue. It appears that the period of provisional anticipatory bail got lapsed on 22.08.2016, whereas the present modification application has been registered on 19.01.2018, much after lapse of the period of provisional anticipatory bail and now the learned counsel for the opposite party no. 2 submits that after cancelling the bail bond, non-bailable warrant of arrest has been issued against the petitioner.

However, it is submitted by learned counsel for the petitioner that the petitioner is still ready to keep the complainant as wife with full dignity and honour, but learned counsel for the opposite party no. 2 submits that the complainant has preferred a matrimonial suit for dissolution of marriage.

In the circumstances, it is expected from the learned

Patna High Court Cr.Misc. No.4257 of 2018(2) dt.20-02-2019 3/3 Court below to consider the prayer for regular bail of the petitioner since there seems no chance of issue being reconciled in terms of resumption of the conjugal life, if the petitioner surrenders before the learned Court below within a period of six weeks from today in connection with Complaint Case No. 26971© of 2014, pending in the Court of learned Sub-divisional Judicial Magistrate, Patna.

With the above observation and direction, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T