Parwej @ Tabrej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37481 of 2019 Arising Out of PS. Case No.-895 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== Parwej @ Tabrej, Son of Md. Tahir, Resident of Village - Pipra Ghat, Tappu tola, p.s.- Jogbani, Dist.- Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ravina Khatoon, Wife of Parwej @ Tasbrej, D/o Jahiruddin, Resident of Village - Basgara- Rampur, P.S.- Forbesganj, Dist.- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate.

For the State :

Mr. Anil KumaR, APP For the Informant :

Mr. Bhola Prasad, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2020 This is an application for grant of anticipatory bail in connection with Complaint Case No. 895 C of 2018 disclosing offences under Section 498(A) of the Indian penal Code and Section 4 of the Dowry Prohibition Act.

As per complaint, petitioner who happens to be the husband of the complainant and it is alleged that the petitioner solemnized marriage with another lady and with respect to demand of dowry of Rs. 5,00,000/- and a motorcycle, she was subjected to cruelty and ousted from the matrimonial house. Submission of the learned counsel for the petitioner is that allegation against the petitioner is false and concocted and he is still ready to keep his wife with dignity and care.

Patna High Court CR. MISC. No.37481 of 2019(8) dt.16-01-2020 2/3 Heard learned A.P.P., as well as learned counsel for the informant who submits that she has no objection to reside with the petitioner, although he has solemnized the marriage with another lady, if the petitioner is ready to keep her with dignity and care and not subjecting her to harassment, assault and cruelty.

Having heard both sides, in view of the stand of both the parties, let the petitioner, above named, surrender before the learned court below on 10.02.2020 and on that day the opposite party no.2 shall also remain present in the Court. Further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and care and to take her from the Court itself and not subjecting her to harassment, assault and cruelty, he will be released on provisional bail for a period of ten months. During that period, both the parties shall appear before the learned court below in the second week of alternative second month, so that the court below may watch their marital relationship, especially the conduct of the petitioner, the court below shall confirm the bail bonds of the petitioner, otherwise, he is free to pass any other orders or order, which may deem fit and proper, including cancelling the bail bonds of the petitioner. It is also made clear that if the opposite party no.2

Patna High Court CR. MISC. No.37481 of 2019(8) dt.16-01-2020 3/3 does not chose to appear on the date fixed or she is not ready to reside with the petitioner, in that case, the provisional bail granted to the petitioner shall be confirmed to the satisfaction of the court below.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) S.Katyayan/ Rahul Mishra/- U T