Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42959 of 2021 Arising Out of PS. Case No.-77 Year-2020 Thana- MAHILA P.S. District- Saran ====================================================== Rohit Kumar, S/O Vidya Bhagat Mishra @ Sugga Pandit, resident of VillageParsa Bazar, P.S-Ekma, District-Saran (Chapra). ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Dolly Kumari, W/O Rohit Kumar, D/O Nityanand Mishra, R/O VillageBrahmpur (Near Dih), P.S.- Bhagwan Bazar, District-Saran (Chapra). ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Mukesh Kumar Singh, Advocate For the State :

Mr. Sanjay Kumar Pandey, APP For the Opp. Party No.2 :

Mr. Akhileshwar Pandey, 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 Mahila Saran P.S. Case No. 77 of 2020 registered for the offences under Section 498-A of the Indian Penal Code and under Sections 3/ 4 of the Dowry Prohibition Act. Learned counsel for the petitioner and learned counsel for the opposite party no.2 jointly submit that both the parties agree to live together as husband and wife. 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.42959 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 Sub Divisional Judicial Magistrate, Saran at Chapra, in connection with Mahila Saran P.S. Case No. 77 of 2020 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.42959 of 2021(2) dt.24-01-2022 3/3 the Court below, the petitioner shall not be arrested in connection with present case.

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

(Sandeep Kumar, J) pawan/- U T