Jitendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38313 of 2019 Arising Out of PS. Case No.-1419 Year-2017 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== JITENDRA CHOUDHARY S/O Krishna Choudhary Resident of VillageMahima Bigha, P.S.- Akbarpur, District- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushbu Devi Wife of Jitendra Choudhary Resident of VillageMahimabigha, P.S.- Akbarpur, District- Nawada, D/O Rajo Choudhary At present Address R/V- Rajar, P.S.- Sirdalla, District- Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1419 of 2017 in which cognizance has been taken under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Allegation is of demand of dowry of Rs.50,000/- and one motorcycle and for that petitioner subjected opposite party No.2-wife to cruelty.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with dignity and care and for that he has filed a petition under Section 9 of Hindu Marriage Act for restitution of conjugal rights. Heard learned APP and learned counsel for opposite party No.2, who has no objection in residing with the petitioner if she is

Patna High Court CR. MISC. No.38313 of 2019(3) dt.03-09-2019 2/2 allowed to live with dignity and care.

In view of above facts and circumstances, let petitioner appear in the court below by 16.9.2019, on that day opposite party No.2 shall also remain present in court and on filing an affidavit by the petitioner that he is ready to keep her with dignity and care and will not torture her in future by himself or his family members, the provisional bail granted to him by order dated 27.6.2019 shall be extended for a period of six months and during that period both the parties shall appear in court below in second week of every month, so that the court below shall watch their conduct and marital status and once the court below is satisfied with their conduct and marital status, his bail bonds shall be confirmed, otherwise the court below 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