Dilip Kumar @ Dilip Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60325 of 2021 Arising Out of PS. Case No.-227 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== Dilip Kumar @ Dilip Mehta, Son of Girja Mahto, Resident of Village - Sultanpur Koiri Tola, P.S.- Danapur, Distt.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Komal Kumari, W/O Dilip Mehta, D/O Dhananjay Mehta R/O MohallaKoyri Tola, Laxmanpur, P.S. Alamganj, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Vinod Shanker Modi, APP For Opp. Party No.2 : Mr. Raj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-03-2022 The matter is being heard through video conferencing due to circumstances prevailing on account of Covid-19 pandemic.

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for opposite party no.2. 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 petitioner apprehends his arrest in connection with Alamganj P.S. Case No. 227 of 2021 registered for the offences under Sections 498(A), 323/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.60325 of 2021(3) dt.25-03-2022 2/3 Pursuant to the order dated 03.02.2022 notice was issued to opposite party no.2.

It has been submitted by Mr. Sanjay Kumar, learned counsel for the petitioner that the petitioner is ready to keep his wife with full honour and dignity and for that matter he has already filed a petition for restitution of conjugal rights. In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 12.04.2022 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 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 Additional Chief Judicial Magistrate-I, Patna City, Patna in connection with Alamganj P.S. Case no. 227 of 2021 subject to the condition as laid down under Section

Patna High Court CR. MISC. No.60325 of 2021(3) dt.25-03-2022 3/3 438(2) of the Code of Criminal Procedure.

Till filing of the application by the opposite party no.2 and her husband (petitioner) in the court below, the petitioner shall not be arrested in connection with aforesaid case. It is made clear that for non compliance of this order, bail bond of the petitioner shall stand automatically cancelled. This application is, accordingly, disposed of. (Sandeep Kumar, J) uday/- U