Amit Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44955 of 2021 Arising Out of PS. Case No.-788 Year-2020 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Amit Kumar Pandey S/O Onkarnath Pandey R/o village- Kurari, P.S.- Durgawati, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mala Pandey W/o Amit Kumar Pandey, D/o Devmurti Mishra R/o villageKurari, P.S.- Durgawati, District- Kaimur at Bhabua, at present R/o villageDhadhar, P.S.- Durgawati, District- Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Ashutosh Tripathy, Advocate For the State :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-03-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2. The petitioner seeks anticipatory bail in connection with Complaint Case No.788 of 2020 registered for the offences under Sections 323, 506, 498A, 315 and 329 of the Indian Penal Code and under Sections 3/ 4 of the Dowry Prohibition Act. Specific statement has been made in paragraph 10 of the bail application that the petitioner is ready to keep the 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 11.04.2022 and thereafter both the parties will file an

Patna High Court CR. MISC. No.44955 of 2021(3) dt.23-03-2022 2/2 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 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 bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Complaint Case No.788 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Till filing of the application by the opposite party no.2 and her husband in the court below, the petitioner shall not be arrested in connection with aforesaid case.

It is made clear that for non compliance of this order, bail bond of the petitioner shall stand automatically cancelled. This application is, accordingly, disposed of. (Sandeep Kumar, J) BT/- U T