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Patna High CourtCR. MISC./30327/2020disposed

Sonu Kumar v. The State Of Bihar

2020-12-02Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30327 of 2020 Arising Out of PS. Case No.-384 Year-2020 Thana- DANAPUR District- Patna ====================================================== SONU KUMAR Son of Ram Dewan Rai Resident of Village- Rambad, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sangeeta Devi Wife of Sonu Kumar, Daughter of Late Damodar Rai Resident of Village- Rambad, P.S.- Maner, District- Patna. At PresentResident of Mohalla- Bibiganj, Dalwar Road, P.O.- Danapur Cantt, P.S.- Danapur, District- Patna, Pin No.- 801503.

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

For the Petitioner/s :

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

Mr. Shyameshwar Deyal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-12-2020 Heard the learned counsel for the petitioner, the learned counsel for the informant, Shri Saroj Kumar Sinha and Shri Shyameshwar Deyal, the learned APP appearing for the State.

The petitioner seeks regular bail in connection with Danapur P.S. Case No. 384 of 2020 for the offence punishable under Sections 494, 498A, 497, 120B/34 of the Indian Penal Code and Sections 4/6/8 of Dowry Prohibition Act. The petitioner, who is husband of the informant, is alleged to have assaulted the informant and is stated to have then ousted her from her matrimonial home on account of non-fulfilment of the demand for dowry.

Patna High Court CR. MISC. No.30327 of 2020(3) dt.02-12-2020 2/3 The learned counsel for the petitioner as also the learned counsel appearing for the informant have taken instructions from their clients and they unanimously submit that the wife is ready to live with her husband, if the petitioner keeps her with due honour and dignity as also undertakes not to solemnize another marriage, to which the learned counsel for the petitioner, upon instructions, submits that the petitioner is willing to abide by the aforesaid conditions put-fourth by his wife.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the parties, I deem it fit and proper to direct the petitioner, above-named, to furnish an undertaking before the learned court of Additional Chief Judicial Magistrate-1, Danapur in connection with Danapur P.S. Case No. 384 of 2020 to the effect that he would keep his wife with him with due honour and dignity and would also not solemnize another marriage, during the subsistence of the present marriage with the informant herein, whereupon the learned court below shall release the petitioner on bail, subject to such conditions as may be deemed fit and proper to be imposed as also subject to the conditions that in case the petitioner violates the aforesaid

Patna High Court CR. MISC. No.30327 of 2020(3) dt.02-12-2020 3/3 undertaking, to be furnished by him, as aforesaid, his bail-bonds would be cancelled and he shall be taken into custody forthwith. The present petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U T