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Patna High CourtCR. MISC./42585/2019disposed

Sanjay Yadav @ Sanjay Kumar Yadav v. The State Of Bihar

2019-11-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42585 of 2019 Arising Out of PS. Case No.-712 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== SANJAY YADAV @ SANJAY KUMAR YADAV Son of Upendra Yadav Resident of Village - Pothia, P.S.- Bhargama, District - Araria. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Manorma Devi Wife of Sanjay Yadav @ Sanjay Kumar Yadav D/O Chandrashekher Yadav, Resident of Village - Doman Ghat, Raghunath Pur North, P.S.- Bhargama, District - Araria.

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 712-C of 2018 registered for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act. As per complaint case there is allegation against the petitioner, who happens to be husband of the complainant, that he demanded Rs.1 lac and one bullet motorcycle and for that he assaulted her and ousted her from the house.

Submission of learned counsel for the petitioner is that whole allegation is false and concocted and he is still ready to keep her with dignity and care. On the other hand, learned counsel for complainant has submitted that she is ready to reside with the petitioner if she is allowed to live with dignity and care.

Patna High Court CR. MISC. No.42585 of 2019(3) dt.16-11-2019 2/2 Heard learned APP also.

In view of above stand of the parties, let petitioner appear in the court below on 29.11.2019, on that day opposite party No.2 shall also remain present in court and on appearance of both the parties on filing an affidavit by the petitioner that he is ready to keep her and will take her from the court itself, the provisional bail granted to the petitioner by order dated 10.7.2019 shall be extended for a further period of six months and during that period both the parties have to appear before the court so that the court may watch their conduct and marital relationship and once the court is satisfied with their conduct, specially the petitioner, the provisional bail shall be confirmed by the court below, otherwise the court below is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner. Needless to say that if opposite party No.2 does not want to reside with the petitioner, in that case the provisional bail shall be confirmed. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T