Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42817 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- HILSA District- Nalanda ====================================================== KUNDAN KUMAR Son of Ramashish Singh R/O - Patel Nagar, Bus Stand, Hilsa, P.S.- Hilsa, District- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushal Kishor For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2019 This application, for grant of anticipatory bail, arises out of Hilsa P.S. Case No. 65/2019, disclosing offences under Section 498A, 504 and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to cruelty in connection with demand of dowry and also of ousting her from the house and it is further alleged that he has remarried with another lady.

Submission of learned counsel for the petitioner is that all the allegations are false and concocted and the petitioner has married with the informant after death of his first wife, as he has minor children to look after but the informant is cruel lady and not behaving well with the children and due tow

Patna High Court CR. MISC. No.42817 of 2019(3) dt.13-09-2019 2/3 which, he has filed a divorce case. However, in spite of that, he is still ready to keep the informant with full honour and dignity, if she is ready to behave well with the petitioner as well as with children.

Heard learned A.P.P. as well as learned counsel for the informant. Learned counsel for the informant has submitted that the informant is also ready to live with the petitioner, if she is kept with full honour and dignity as a wife. Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the informant to appear before the concerned court below on 26.09.

Patna High Court CR. MISC. No.42817 of 2019(3) dt.13-09-2019 3/3 otherwise, he is free to pass any order/orders as he deem fit and proper, including cancellation of bail bond of the petitioner. It is also made clear that if there is laches on the part of the informant and if she is not willing to live with the petitioner, in that situation also, the provisional bail of the petitioner will be confirmed.

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