Sushant Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39423 of 2019 Arising Out of PS. Case No.-355 Year-2014 Thana- COMPLAINT CASE District- Supaul ====================================================== SUSHANT KUMAR THAKUR Son of Rajendra Thakur Resident of VillageSansarpur, P.S.- Muffasil, District- Khagaria. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Rubi Kumari Wife of Sushant Kumar Thakur, Daughter of Shivanand Thakur Resident of Mohalla- Nagar Parisad, Supaul, Ward No. 2, P.S. and District- Supaul.

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 355 (C)/2014, disclosing offences under Sections 498(A), 323, 504, 379, 120B of the Indian Penal Code.

Petitioner happens to be husband of complainant and allegation against him is of subjecting the complainant to torture with respect to demand of dowry.

Submission of learned counsel for the petitioner is that allegation is false and concocted and he is still ready to keep her with full honour and dignity.

Heard learned A.P.P. as well as learned counsel for the complainant. Learned counsel for the complainant has

Patna High Court CR. MISC. No.39423 of 2019(5) dt.15-11-2019 2/3 submitted that complainant is also ready to reside with the petitioner, if she is kept with full honour and dignity. Having heard both sides, considering the facts and circumstances and also the fact that it is a matrimonial dispute between the parties, this application is disposed of with direction to the petitioner and the complainant to appear before the concerned court below on 26.11.

2019 and if the petitioner files an affidavit that he is ready to keep the complainant with himself with full honour and dignity and if he is willing to take the complainant with himself from the court itself, the court below shall release the petitioner on provisional bail for a period of nine months to his own satisfaction and in the meantime, the court below will watch the conduct of the parties by calling the complainant and petitioner in the third week of each month for a period of nine months and after nine months, if the court below is satisfied with the conduct of the parties specially the conduct of the petitioner, he will confirm the provisional bail of the petitioner otherwise, he is free to pass any order including cancellation of provisional bail of the petitioner.

Patna High Court CR. MISC. No.39423 of 2019(5) dt.15-11-2019 3/3 is no need of granting benefit of provisional bail to the petitioner.

It is also made clear that if the complainant fails to appear on the above mentioned date and on appearance she is not ready to reside with the petitioner without any cogent reasons, in that situation also, the petitioner shall be released on bail.

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