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Patna High CourtCR. MISC./44973/2019disposed

Anand Prakash Ambasta v. The State Of Bihar

2019-10-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44973 of 2019 Arising Out of PS. Case No.-387 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ANAND PRAKASH AMBASTA Son of Late Avinash Chandra Ambasta Resident of Flat No.2169, Block- L, 20th Floor, 1st Avenue, Gaur City-1, Greater Noida West, P.S.- Bisrakh, District- Gautam Budha Nagar (U.P.) at present residing at 495, Kanishka Residency, Ashoka Enclave Part-3, P.S.- Sarai, Khawaja, District- Faridabad, Haryana. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Awantika Sinha Wife of Sri Anand Prakash Ambasta Daughter of Sri Vinay Kumar Sinha, Resident of Flat No. 2169, Block- L, 20th Floor, 1st Avenue, Gaur City-1, Greater Noida West, P.S. Bisrakh, District- Gautam Budha Nagar, (U.P.), at Present Residing at 495, Kanishka Residency, Ashoka Enclave Part-3, P.S.- Sarai, Khawaja, District- Faridabad, Haryana. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajan Ghoshrave For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with C. A. No. 387 of 2017 instituted for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

There is allegation of demand and torture against the petitioner and it further appears that opposite party No.2 is residing with the petitioner at Faridabad, as per submission of learned counsel for the petitioner.

Earlier both the parties were directed to be personally present in Court on 19.8.2019. Petitioner has appeared on that

Patna High Court CR. MISC. No.44973 of 2019(3) dt.21-10-2019 2/2 day but the case could not be taken up as submitted by learned counsel for the petitioner.

Submission of learned counsel for the opposite party No.2 is that she is still ready to reside with the petitioner if she is allowed to live with dignity and care and as per instruction she is residing with the petitioner.

Heard learned APP also.

In view of above facts and circumstances, this application is disposed of with direction to the petitioner to surrender in the court below on 5.11.2019, on that day opposite party No.2 shall also remain present in court and the court below will inquire about their marital relationship and once the court below is satisfied with the same the court below shall release the petitioner on bail to its own satisfaction with condition that he will keep opposite party No.2 with him with dignity and care.

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