Pravin Kumar @ Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32357 of 2019 Arising Out of PS. Case No.-8 Year-2018 Thana- MAHILA P.S. District- Nalanda ====================================================== PRAVIN KUMAR @ PRAVEEN KUMAR, s/o Mr. Shailesh Kuar Chandra, R/v+P.O-Eksarai, P.S.-Silav, District-Nalanda, Biharsharif. At present r/oVeur Patel Colony, Bataura Road, I.M. Digital Network, Anisabad, Patna, Beur-800002.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avinash Shekhar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2019 Heard the learned counsel for the petitioner. None appeared on behalf of O.P. No. 2.

The petitioner seeks bail in Mahila P.S. Case No. 08/2018, instituted for offences under Sections 341, 323, 498A, 504, 506 and 34 of the Indian Penal Code read with Section 3⁄4 of D.P. Act.

Earlier petitioner was granted provisional bail by this court vide order dated 03.10.2018 passed in Cr. Misc. No. 53977/2018 enabling him to file affidavit in the court below that he will withdraw Divorce Case and will keep his wife with full dignity and care.

It is alleged in the written report that informant was married with petitioner on 13.07.2016. After marriage she was tortured in her Sasural by this petitioner and other family

Patna High Court CR. MISC. No.32357 of 2019(6) dt.31-07-2019 2/3 members for non-fulfillment of demand of dowry. It is further alleged that she was ousted from her matrimonial house on 24.12.2017.

Report from the court below regarding stage of trial has been received from which it appears that case is pending for prosecution evidence. Trial is likely to be concluded within next two quarters.

Learned counsel for the petitioner has submitted that petitioner is in custody since 23.04.2019. Petitioner was earlier granted provisional bail after spending 78 days in custody with condition that he will withdraw the divorce case and will keep his wife with full dignity.

Learned counsel for petitioner has submitted that after release of petitioner from custody on 12.10.2018, his family members made attempt to reconcile the matrimonial issues between the parties. But the matter cannot be reconciled. From the written report, it appears that there is general and omnibus allegation against this petitioner. In aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.32357 of 2019(6) dt.31-07-2019 3/3 each to the satisfaction of the learned S.D.J.M., Nalanda, Biharsharif, in connection with Mahila P.S. Case No. 08/2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T