Kamendra @ Kamendra Kumar Singh @ Chhotu @ Kamendra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4576 of 2014 ====================================================== Kamendra @ Kamendra Kumar Singh @ Chhotu @ Kamendra Kumar Son Of Raja Ram Singh Resident Of Mohalla - Bankmen'S Colony, P.S. - Town, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State Of Bihar.

2. Puja Kumari Wife Of Kamendra Singh @ Chhotu, Daughter Of Madhav Singh Resident Of Villae - Pachrukhia, P.S.- Gaurichak, District- Patna, Residing At Mohalla Rajput Nagar, P.S.- Hazipur, District- Vaishali. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar @ Alok Kumar Shahi For the Opposite Party/s : Mr. Ashok Kr. Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09/ 08-07-2015 The present application has been filed for modification of order dated 27.02.2013 passed in Cr. Misc. No. 7372 of 2013 for confirmation of provisional bail granted to the petitioner in connection with Hajipur Mahila P.S. Case No. 09 of 2012 registered for the offences punishable under Sections 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act. I.A. No. 273 of 2015 has been filed for setting aside the order dated 17.07.2014 passed by learned SDJM, Vaishali at Hajipur in Hajipur Mahila P.S. Case No. 09 of 2012, whereby petitioner's bail bond has been cancelled. Initially the petitioner was granted provisional bail on readiness to keep the informant with full dignity and

Patna High Court Cr.Misc. No.4576 of 2014 (9) dt.08-07-2015 2/2 honour. The provisional bail was to be confirmed by the learned court below on substantial restoration of matrimonial harmony or if the informant deliberately refuses to reside with the petitioner. The present stand of the petitioner is that he is ready to make payment of some money for the welfare of opposite party no. 2. However, counsel for opposite party no. 2-informant is ready to accept the offer of permanent alimony if the petitioner gets ready.

In the circumstances, this modification application is disposed of with liberty to learned court below to consider the prayer for regular bail of the petitioner, if he surrenders within a period of six weeks from today. It is expected from the learned court below to grant provisional bail allowing the parties to resolve the dispute in terms of permanent alimony. (Dinesh Kumar Singh, J) DKS/- U T