Kunal Krishna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42934 of 2021 Arising Out of PS. Case No.-350 Year-2018 Thana- KOILWAR District- Bhojpur ====================================================== Kunal Krishna, Son of Rajendra Prasad Singh, Resident of Village - Nagraon, P.S. - Charpokhari, District - Bhojpur, at present Resident of Mohalla - Gas AGency Road, Pakari, P.S. Ara Nawada, District Bhojpur. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Priyanka Singh, Wife of Kunal Krishna, D/o Vijay Kumar Singh, Resident of Village - Suraudha Colony, P.S. - Koilwar, District Bhojpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Baxi S.R.P. Sinha, Senior Advocate Mr. Prem Ranjan Kumar, Advocate For the State :

Mr. Rajesh Kumar, APP For Opp. Party No.2 :

Mr. Basant Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioners seek anticipatory bail in connection with Koilwar P.S. Case No. 350 of 2018 registered for the offences under Sections 498-A & 379 of the Indian Penal Code and under Sections 3/ 4 of the Dowry Prohibition Act. Learned Senior Counsel for the petitioner submits that the petitioner is ready to keep his wife i.e. opposite party no.2 with full honour and dignity.

In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before

Patna High Court CR. MISC. No.42934 of 2021(2) dt.24-01-2022 2/3 15.02.2022 and thereafter both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and mobile number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Koilwar P.S. Case No. 350 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, the petitioner and opposite party no.2 will again appear before the learned Court below. The Court below will verify the conduct of petitioner and opposite party no.2 and thereafter take a decision either to confirm the provisional bail of the petitioner or to cancel the same in the facts of the case.

Till filling of the application by both the parties in

Patna High Court CR. MISC. No.42934 of 2021(2) dt.24-01-2022 3/3 the Court below, the petitioner shall not be arrested in connection with present case.

The petitioner shall appear in the maintenance case bearing Maintenance Case No. 54 of 2017 filed by the opposite party no.2 in the Court of learned Principal Judge, Family Court, Ara. The maintenance case will be kept in abeyance for the next three months. In case, the petitioner does not mend his ways then, the maintenance case will be continued and it shall be decided in accordance with law keeping in mind the decision of the Hon'ble Supreme Court rendered in the case of Rajnish vs. Neha reported in (2021) 2 SCC 324.

With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) pawan/- U T