Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42853 of 2021 Arising Out of PS. Case No.-267 Year-2021 Thana- FATUA District- Patna ====================================================== PANKAJ KUMAR, Son of Kashinath Prasad, Resident of Near Bankipur Gorakh Block, P.S.- Fatuha, District - Patna (Bihar) ... ... Petitioner

Versus

1. The State of Bihar

2. Puja Kumari, wife of Sri Pankaj Kumar, Daughter of Munna Prasad, resident of Mohalla-Nichli Bazar, Mirjapur, near Mastanaghat, Puranichowk, Fatuha, District- Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Ravi Kumar Panday, Advocate For the State :

Mr. Sucheta Yadav, APP For the Opp. Party No.2 :

Mr. Vijay Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-03-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner seeks anticipatory bail in connection with Fatuha P.S. Case No. 267 of 2021 registered for the offences under Sections 341, 323, 504, 506, 498-A, 354-B/34 of the Indian Penal Code and under Section 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 are ready to live together as husband and wife.

Patna High Court CR. MISC. No.42853 of 2021(3) dt.08-03-2022 2/3 In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 28.03.2022 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 A.C.J.M., 1st, Patna City, Patna, in connection with Fatuha P.S. Case No. 267 of 2021, 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

Patna High Court CR. MISC. No.42853 of 2021(3) dt.08-03-2022 3/3 cancel the same in the facts of the case.

Till filling of the application by both the parties in the Court below, the interim order dated 24.12.2021 shall continue.

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

(Sandeep Kumar, J) pawan/- U T