Mohan Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35696 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- MANIHARI District- Katihar ====================================================== MOHAN KUMAR THAKUR S/o Sadanand Thakur @ Dukha Thakur R/o village- Kochaili, P.S.- Dagarua, District- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kajal Kumari @ Kajal Devi W/o Mohan Kumar Thakur, D/o Laxman Thakur Resident of Manihari Ward No. 10, P.O.- Manihari, P.S.- Manihari, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Rajeev Nayan For O.P. No.2 : Mr. Sanjeev Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Manihari P.S. Case No. 13 of 2019 registered for the offences punishable under Sections 498A, 323 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Allegation is that petitioner demanded Rs.2.5 lac and for that he subjected his wife to assault and cruelty. Submission of learned counsel for the petitioner is that the allegation is false and concocted and he is still ready to keep her with dignity and care. On the other hand, learned counsel for opposite party No.2 has submitted that she is ready to reside with the petitioner if she is allowed to live with dignity and care. Heard learned APP also.

In view of above facts and circumstances, let petitioner

Patna High Court CR. MISC. No.35696 of 2019(4) dt.13-08-2019 2/2 surrender by 23.8.2019 before the court below, on which date opposite party No.2 shall also remain present in court and on filing of an affidavit by the petitioner that he is ready to keep opposite party No.2 with him with dignity and care and will not torture her and he is also ready to take her from his house from the court itself, he shall be released on provisional bail for a period of six months by the court below itself to its own satisfaction and during that period the court will watch the conduct of both the parties and their marital relationship by calling them in third week of every month and once the court is satisfied with their conduct and marital relationship, specially the conduct of the petitioner, the bail bonds of the petitioner shall be confirmed, otherwise the court is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T