Kunal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42850 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== Kunal Prasad, Son of Suresh Prasad, Resident of Village - Patel Nagar, nai Sarai, P.S.- Bihar, Dist.- Nalanda, At Present in Village - Bhui for a Banasthaly Colony Shakti Apartment, Flat No.403, P.S.- Sarai Dhella, Dist.- Dhanbad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjali Kumari, D/o Anuj Kumar, Resident of Village - Garh Par, Bihar Sharif, P.S.- Bihar, Dist.- Nalanda.

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2019 This is an application for grant of anticipatory bail in connection with Mahila P.S. Case No. 51 of 2019, disclosing offences under Sections 498A, 323, 504, 506, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. As per F.I.R. there is allegation that petitioner and other family members is of demand of Rs. 3,00,000/- and a motorcycle, for that, subjecting her to cruelty and harassment and lastly ousted her from the matrimonial house.

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

Heard learned APP as well as counsel for the informant also, who has also no objection in residing with the petitioner, if she is allowed to live with dignity and care.

Patna High Court CR. MISC. No.42850 of 2019(3) dt.26-09-2019 2/2 In such view of the matter, in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below by 17.10.2019 and on that day the opposite party no.2 shall also remain present in the Court. Further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and care, and take her from the court itself, the provisional bail granted to the petitioner, vide order dated 11.07.2019 is extended for a period of six months. During that period, both the parties shall appear before the court below, so that the court below may watch the conduct and marital relationship between the parties. Once being satisfied with the conduct of the parties, especially, the conduct of the petitioner, the court below shall confirm the bail bonds of the petitioner, otherwise, he is free to pass any other order or orders, which may deem fit and proper, and the circumstances prevailing at that time, including cancelling the bail bonds of the petitioner.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T