Umesh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37558 of 2019 Arising Out of PS. Case No.-1357 Year-2016 Thana- COMPLAINT CASE District- Jamui ====================================================== UMESH PANDIT Son of Shyam Sundar Pandit, Resident of Village- Shivdih, P.S.- Sikandra, District- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kavita Devi W/o UmeshPandit, Resident of Village- Sikandra, DistrictJamui. At present Address D/O Chandra Pandit, Resident of villageBhaluka, P.O. and P.S. Barhat, District- Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1357c/2016 registered for the offence punishable under Sections 498Aof the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is willing and ready to keep his wife with full honour and dignity and has filed a case of restitution of conjugal rights before the Principal Judge, Jamui, but the opposite party is not co-operating in the same. He further submits that if the opposite party comes back to her matrimonial home, he will not indulge in any act that will cause any mental torture to the opposite

Patna High Court CR. MISC. No.37558 of 2019(3) dt.23-08-2019 2/2 party and, therefore, he may be extended the privilege of anticipatory bail.

Considering the submissions advanced by the learned counsel for the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Jamui, in connection with Complaint Case No. 1357c/2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

It is made clear that in case, the opposite party returns to her matrimonial home and there is incident of any overt-act which leads to further mental torture, it shall be open to the opposite party to approach this Court for cancellation of bail. (Anjana Mishra, J) Saif/- U T