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Patna High CourtCR. MISC./29041/2019bail granted

Amit Kumar Jha @ Rinku v. The State Of Bihar

2019-08-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29041 of 2019 Arising Out of PS. Case No.-856 Year-2017 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Amit Kumar Jha @ Rinku, Son of Devendra Jha, Resident of Village - Chagarhan, P.S.- Sugauli, Distt - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arpna Devi, D/o Gopal Mishra, Resident of Village - Bankul, P.S.- Tariani, Distt - Sheohar.

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. C1 856 of 2017, disclosing offences under Sections 498A/34 of IPC.

Allegation as per complaint petition lodged by the complainant-wife is that she was married with the petitioner but after sometime with respect to demand of money for purchase of some land in Delhi, she was tortured and subjected to cruelty and thereafter, ousted her from the house.

Submission of the learned counsel for the petitioner is that he is still ready to keep her with dignity and care but the opposite party no.2 is not ready to live with him, which will appear from the statement on S.A. in which, she has stated that

Patna High Court CR. MISC. No.29041 of 2019(5) dt.07-08-2019 2/2 due to fear of her husband, she is not ready to live with him. Heard learned A.P.P. also.

In this case, notice was issued to the opposite party no.2 and the same has been received by her father, but she did not chose to appear before this Court.

Having heard both sides, considering the above submission, this application is allowed. The provisional bail granted to the petitioner, vide order dated 02.05.2019 is confirmed with the condition that if the opposite party no. 2 become ready to reside with him, petitioner will keep her with dignity and care.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T