Prabhat Kumar @ Bhanu @ Prabhat Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28648 of 2019 Arising Out of PS. Case No.-1208 Year-2017 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== PRABHAT KUMAR @ BHANU @ PRABHAT KUMAR THAKUR S/o Late Ram Bilas Thakur R/o village- Marbari Dharmshala Road Kusumbati Girls Middle School, Dalsingsarai, P.S.- Dalsinghsarai, District- Samastipur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Gauri Kumari W/o Prabhat Kumar @ Banu, D/o Sri Amarnath Thakur R/o village- Ratanpur Ward No. 20, P.S.- Nagar District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shree Niwas Singh For the Opposite Party/s :

Mr.Anil Prasad Singh For the Informant :

Mr. Soudip Kuamr Goutam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Complaint Case No.120C of 2017 , registered for offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the D.P.Act.

Allegation against the petitioner, who happens to be husband of the complainant is of demand of dowry and torture to her, however, it appears that the main grievance of the complainant is that he has illicit relationship with his Bhabhi. On appearance of the Opposite Party No.2, the matter was referred to the Patna High Court Mediation and Re-conciliation Centre but from the report of the Mediator at flag 'M', it appears that the mediation has failed.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.28648 of 2019(3) dt.16-08-2019 2/2 that the allegation of illicit relationship is false and concocted and he is still ready to keep her with dignity and care either in his house or he is still ready to keep her outside the house at any other place.

Heard learned A.P.P. and the learned counsel for the O.P.no.2, who has opposed the prayer for bail on the ground that petitioner has illicit relationship with his Bhabhi and she was assaulted also..

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Begusarai in connection with Begusarai Complaint Case No.1208C of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T