Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27746 of 2021 Arising Out of PS. Case No.-376 Year-2019 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Anish Kumar Son Of Kamod Kumar Sharan Resident of Village - Shubhankarpur, P.S.- Town, Distt.- Darbhanga. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Monika Kumari W/O Anish Kumar , D/O Ajay Kumar Resident Of MohShubhankarpur, P.S- Town Distt- Darbhanga At Present D/O Ajay Kumar Village- Rajrauli P,S- Simari Distt- Darbhanga ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Jha, Advocate For the Opposite Party:

Mr. Bhanu Pratap Singh, APP Mr. Dinesh Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-03-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioners seek anticipatory bail in connection with Complaint Case No. 376 of 2019 registered for the offences under Section 498-A of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is ready to keep opposite party no.2 with full honour and dignity.

Learned counsel for the opposite party no.2

Patna High Court CR. MISC. No.27746 of 2021(3) dt.21-03-2022 2/3 submits that opposite party no.2 is also ready to live with the petitioner.

In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 05.04.2022 and thereafter both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and mobile number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Darbhanga, in connection with Complaint Case No. 376 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, the petitioner and opposite party no.2 will again appear before the learned Court below. The Court below will verify the conduct of

Patna High Court CR. MISC. No.27746 of 2021(3) dt.21-03-2022 3/3 petitioner and opposite party no.2 and thereafter take a decision either to confirm the provisional bail of the petitioner or to cancel the same in the facts of the case.

Till filling of the application by both the parties in the Court below, the interim protection granted to the petitioner vide order dated 06.12.2021 shall continue.

With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) pawan/- U T