Jitendra Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27766 of 2019 Arising Out of PS. Case No.-705 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== JITENDRA KUMAR SINHA, Son of Late Vijay Kumar Singh, Resident of Bhaisasur Chauraha Takia Par Model School, P.S.- Laheri, District- Nalanda. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Alpana Sinha, Wife of Jitendra Kumar Sinha, Daughter of Late Ratnesh Kumar, Resident of Mohalla- Jalkadarbag, P.S.- Malsalami, Patnacity, District-Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 705 of 2017 lodged for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Allegation against the petitioner, who happens to be husband of the complainant, is of assaulting and torturing her with respect to demand of Rs.5 lacs and ultimately she was left at Patna Junction by the petitioner.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and earlier also in several time he was ready to keep her with dignity and care but she did not come and ultimately he filed an application

Patna High Court CR. MISC. No.27766 of 2019(3) dt.09-07-2019 2/3 under Section 9 of the Hindu Marriage Act for restitution of conjugal right.

Heard learned APP and learned counsel for opposite party No.2, who has submitted that several times after compromise she went to the house of the petitioner but she was subjected to assault and as such it is not possible for her to live with the petitioner. However, in spite of that she is ready to reside with the petitioner if she is allowed to live with dignity and care.

In view of above facts and circumstances, let petitioner surrender in the court below by 18.7.2019, on that day opposite party No2 shall also remain present in court and further on filing an affidavit by the petitioner that he is ready to take opposite party No.2 from the court itself and he will keep her with him with dignity and care, petitioner shall be released on provisional bail by the court below itself for a period of six months and during that period the court shall watch their conduct and marital relationship by calling them in third week of every month and once the court is satisfied with their conduct and marital relationship, his bail bonds shall be confirmed, otherwise the court is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the

Patna High Court CR. MISC. No.27766 of 2019(3) dt.09-07-2019 3/3 petitioner.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T