Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38041 of 2019 Arising Out of PS. Case No.-3421 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ARVIND KUMAR S/o Shankar Ram R/o village- Meera Bigha, P.S.- Tehta, District- Jehanabad ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Sulekha Kumari W/o Arvind Kumar, D/o Raghuni Ram R/o village- Meera Bigha, P.S.- Tehta, District- Jehanabad. At present R/o Mohalla- Chitkohara Basti, P.S.- Gardanibagh, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Complainant Case No.3421 © of 2016 , registered for offences punishable under Sections 323, 324, 498(A) and 504 of the Indian Penal Code and Sections 3⁄4 of the D.P.Act. Allegation against the petitioner is of demand of Rs.50,000/- and one motorcycle and due to non-fulfillment of the same she was subjected to torture.

Submission of the learned counsel for the petitioner is that the allegation is false and concocted. As a matter of fact he is still ready to keep her with dignity and care and the

Patna High Court CR. MISC. No.38041 of 2019(4) dt.20-09-2019 2/3 O.P.no.2 has also appeared and she has submitted that she is also ready to reside with the petitioner , if she is allowed to live with the dignity and care as she has two children also . It has also been submitted that as a matter of fact some direction be given to the father-in-law of the O.P.o.2 also. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction that if the petitioner appears on 30.10.2019 on that date O.P.no.2 shall also appear and on filing an affidavit that he is ready to keep her with dignity and care and will take her and her children from the court itself, the provisional bail granted to the petitioner vide order dated 25.6.2019 shall be extended for a period of six months and during that period, both the parties has to appear before the learned court below on the 4th week of each month so that the learned court below may watch conduct of both the parties and once being satisfied with the conduct of both the parties especially the conduct of the petitioner, the provisional bail of the petitioner shall be confirmed otherwise the learned court below is free to pass any other order or orders as he deems fit and proper including

Patna High Court CR. MISC. No.38041 of 2019(4) dt.20-09-2019 3/3 cancellation of the bail bond of the petitioner.. It is also made clear that the petitioner shall try to impress upon his father not to interfere in his family affairs. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T