Dani Rajwanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 38523 of 2019 Arising Out of PS. Case No.-797 Year-2009 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Dani Rajwanshi aged about 38 years, Gender Male, Son of Bhondu Rajwanshi Resident of Village - Karam, P.S.- Akbarpur, Distt - Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rubi Devi Wife of Dani Rajwanshi Resident of Village - Karam, P.S.- Akbarpur, Distt - Nawada. At present residing at village - Kulna, P.S.- Akbarpur, Distt - Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Nayan For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 8.

19-02-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of complainant/opposite party no. 2. The petitioner, husband of complainant, apprehends his arrest in Complaint Case No. 797 of 2009 registered for the offence under Section 498(A) & other allied sections of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. It is submitted on behalf of petitioner that petitioner is ready to keep the complainant/O.P.2 with full dignity and honour. It is further submitted that in fact, the complainant has already got married to another person and leading her conjugal life in Delhi, as stated in paragraph - 8 of the petition. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.38523 of 2019(8) dt.19-02-2020 2/2 as well as undertaking given by the petitioner that he will keep the complainant with full dignity and honour, the provisional bail granted to the petitioner, vide order dated 28-06-2019, is hereby confirmed on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T