Krishna Madhuman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48709 of 2019 Arising out of P.S. Case No.-92 Year-2018 Thana- MAHILA P.S. District- Madhubani ====================================================== Krishna Madhuman, Son of Sri Bindi Madhuman, Resident of Village - Kamalpur, P.S.- Laukha, Dist.- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ansu Devi, Wife of Krishna Madhuman, D/o Rohit Bhadeshwar, Resident of Village - Bhatawari, P.S.- Phulparash, Dist.- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-08-2019 This is an application for grant of anticipatory bail in connection with Mahila P.S. Case No. 92 of 2018, disclosing offences under Sections 341, 323, 498A, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of demand of Rs.1,00,000/- from the opposite party no.2-wife and due to that, she tortured and harassed and lastly ousted her from the 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 dignity and care.

On the other hand, the opposite party no.2 has appeared and submitted that earlier also he has taken her and thereafter, ousted her from the house, but still she wants to reside with him, if she is allowed to live with dignity and care.

Patna High Court CR. MISC. No.48709 of 2019(2) dt.05-08-2019 2/2 In such view of the matter, let the petitioner, above named, surrender before the learned court below on 16.08.2019 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 take her and will keep her with full dignity and care and to take, he will be released on provisional bail for a period of six months, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M. Madhubani, in connection with Mahila P.S. Case No.

92 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure on condition that both the parties shall appear before the learned court below in the third week of each month, so that the learned court below shall watch the conduct of both the parties and their marital relationship, especially the conduct of the petitioner, the learned court below, he will confirm the bail bonds of the petitioner, otherwise, he is free to pass any other order or orders, which may deem fit and proper, including cancelling the bail bonds of the petitioner.

Accordingly, this application is allowed.

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