Vicky Kumar @ Vivek Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45236 of 2015 Arising Out of PS.Case No. -51 Year- 2012 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Vicky Kumar @ Vivek Kumar, son of Bisundeo Prasad, resident of villageDumrawan, Police Station- Deep Nagar, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar. null null

2. Munni Kumari D/o Jawahar Sao, resident of Village- Kushahr P.O. & P.S. Bind Dist- Nalanda.

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

For the Petitioner/s : Mr. Umesh Kumar Verma, Adv. For the Opposite Party/s : Mr. S.N.Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-09-2016 The present application has been filed for quashing the order dated 05.06.2015 passed by learned SDJM, Nalanda at Biharsharif in Complaint Case No. 51C of 2012 whereby bail bonds of the petitioner have been cancelled.

The factual matrix of the case is that the petitioner being the husband of the complainant while apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the IPC, preferred Cr. Misc. No. 32069 of 2012 with a prayer for anticipatory bail. On submission of the learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour and

Patna High Court Cr.Misc. No.45236 of 2015 (3) dt.02-09-2016 2/3 denies to have performed second marriage, the petitioner was granted provisional anticipatory bail for one year when the petitioner and the complainant was to appear before the learned court below on 5th of October, 2012 when the petitioner was to take the complainant to matrimonial house to keep her as wife with full dignity and honour. The provisional bail of the petitioner was to be confirmed by the learned court below on substantial restoration of matrimonial harmony or if the complainant deliberately refuses to reside with the petitioner. It appears from the impugned order dated 05.06.

2015 that the petitioner retracted from his stand of keeping the complainant as wife with full dignity and honour and since period of provisional bail was one year, hence learned SDJM, Nalanda, Biharsharif cancelled the bail bonds of the petitioner. It is submitted by the learned counsel for the petitioner that in compliance to the order of this Court, the petitioner twice took the complainant to the matrimonial house but the complainant is not ready to resume the conjugal life. Considering the fact that the petitioner was granted provisional anticipatory bail for one year vide order dated 17.09.2012 and the period of provisional bail expired on 16.09.

Patna High Court Cr.Misc. No.45236 of 2015 (3) dt.02-09-2016 3/3 preferred on 21.09.2015, much after lapse of period of provisional bail, this Court is not inclined to interfere. However, let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks keeping in view of the fact that the petitioner is still ready to keep the complainant as wife with full dignity and honour.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T