Sri Niwas Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40518 of 2019 Arising Out of PS. Case No.-349 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== SRI NIWAS BIND Son of Sri Prithavi Bind Resident of Village - Barka Kenar (Kenar Kalan), P.S.- Chenari, Distt - Rohtas. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pushpa Kumari Wife of Sri Niwas Bind, D/o Krishna Choudhary Resident of Village - Barka Kenar, P.S.- Dehri, Distt - Rohtas at Village - Kamranganj, Ward No. 39, P.S.- Dehri, Distt - Rohtas at Sasaram. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 349 of 2018, disclosing offences under Sections 498(A) of the Indian Penal Code.

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

Submission of learned counsel for the petitioner is that entire allegation is false and concocted and he is still ready to keep her with full honour and dignity, which will appear from the fact that petitioner has already filed a petition for restitution of Conjugal Rights in the Family Court.

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

Patna High Court CR. MISC. No.40518 of 2019(5) dt.17-10-2019 2/2 the petitioner has remarried with another lady, however, in spite of that she is still ready to live with the petitioner. Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the complainant to appear before the concerned court below on 07.11.

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 six 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 fourth week of each month for a period of six months and after six months, if the court below is satisfied with the conduct of the parties specially the conduct of petitioner, he will confirm the provisional bail of the petitioner otherwise, he will pass any appropriate order as he deems fit and proper including cancellation of provisional bail of the petitioner.

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