Babloo Patel v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78657 of 2018 Arising Out of PS. Case No.-83 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Babloo Patel Son of Girja Shankar Chaudhary, Resident of Village- Kalighat Kurmitola, Ward No. 10 P.S. Bagaha Pathkauli, District- West Champaran. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Poonam Devi, Wife of Babloo Patel D/o Bhagwati Patel, R/o Village- Durni Lagunaha, P.S. Bathwaria, Distt. East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. C-83/2017, disclosing offences under Section 498A of the Indian Penal Code . Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to cruelty in connection with demand of dowry of Rs. Two Lakhs and also ousted her from her matrimonial house. Submission of learned counsel for the petitioner is that all the allegations are false and concocted and he is still ready to keep the complainant with full honour and dignity. Heard learned A.P.P. as well as learned counsel for the complainant. Learned counsel for the complainant has

Patna High Court CR. MISC. No.78657 of 2018(5) dt.16-05-2019 2/3 submitted that earlier the father in law and mother in law were granted the privilege of anticipatory bail on the condition that they will keep the complainant with full honour and dignity but they did not take any step to bring the complainant back. However, the complainant is still ready to live with the petitioner, if she is kept with full honour and dignity as a wife. Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the complainant to appear before the concerned court below on 24.5.

2019 and if the petitioner files a petition that he is ready to keep the complainant with himself with full honour and dignity and if he is willing to take the complainant with himself from the court itself, the court below shall release the petitioner on provisional bail for a period of six months to his own satisfaction and in the meantime, the court below will watch the conduct of the parties by calling the complainant and petitioner in the first week of each month for a period of six months and after six months, if the court below is satisfied with the conduct of the parties specially the conduct of the petitioner, he will confirm the provisional bail of the petitioner otherwise, he is free to pass any order as he deems fit and proper in accordance with law.

Patna High Court CR. MISC. No.78657 of 2018(5) dt.16-05-2019 3/3 With the above observation, this application is disposed of (Vinod Kumar Sinha, J) sunilkumar/- U T