Sunil Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62476 of 2021 Arising Out of PS. Case No.-23 Year-2021 Thana- MAHILA P.S. District- Siwan ====================================================== Sunil Kumar Pandey S/o Visheshwar Pandey Resident of Pandit Ke Rampur, P.S.- Bhagwanpur Hat, District- Siwan.
... ... Petitioner
Versus
1.
The State Of Bihar 2.
Prinsi Kumari W/O- Sunil Kumar Pandey Resident of Village- Pandit Ke Rampur, P.S.- Bhagwanpur Hat, District- Siwan and at the present VillageSaraow, P.S.- - Rasulpur, District- Saran. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Ashok Kumar, Advocate For the Opposite Parties :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-02-2022 Heard learned counsel for the parties through video conferencing.
The petitioner seeks anticipatory bail in connection with Siwan Mahila P.S. Case No. 23 of 2021 registered for the offences under Section 498A of the Indian Penal Code and under Section 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner and learned counsel for the opposite party no.2 jointly submit that both the parties are ready to live together as husband and wife. In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 17.02.2022 and thereafter both the parties will file an
Patna High Court CR. MISC. No.62476 of 2021(2) dt.03-02-2022 2/3 application in the Court below that they have amicable 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, Siwan, Bihar, in connection with Siwan Mahila P.S. Case No. 23 of 2021 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail 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 petitioner shall not be arrested in connection with aforesaid case.
Patna High Court CR. MISC. No.62476 of 2021(2) dt.03-02-2022 3/3 With the aforesaid observation and directions, this bail petition is allowed.
(Sandeep Kumar, J) ravishankar/- U T