Animesh Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52811 of 2019 Arising Out of PS. Case No.-2210 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Animesh Anand, Son of Sri Akhilesh Thakur @ Akhilesh Kumar Thakur, Resident of Village- Patahi Hari, P.S.- Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari, Wife of Avinesh Anand, D/o Umesh Kumar, Resident of Mohalla- Shankarpur, Sadpura, P.S.- Kazimohammadpur, DistrictMuzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP For the Informant :

Mr. Bhavesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2020 This is an application for grant of anticipatory bail in connection with Complaint Case No. 2210 of 2017, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

As per complaint petition, petitioner happens to be the husband of the complainant. There is allegation of demand as well as torture to the complainant.

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 full dignity and care.

On the other hand, learned counsel for the opposite party no.2 has also submitted that she is also ready to reside with the

Patna High Court CR. MISC. No.52811 of 2019(3) dt.08-01-2020 2/2 petitioner, if she is allowed to live with full dignity and care by the petitioner.

Having heard both sides, in view of the stand of both the parties, this application is disposed of with a direction to the petitioner to surrender before the learned court below on 10.02.2020 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 keep her with full dignity and care, the petitioner shall be released on provisional bail for a period of six months. During that period, both the parties shall appear before the learned court below within a period of two months, so that the court below shall watch the conduct of both the parties.

Once being satisfied with the conduct of both the parties, especially, the conduct of the petitioner, the court below shall 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. It is needless to say that if the opposite party no.2 does not chose to appear before the court below or is not ready to reside with the petitioner, in that case also, the learned court below shall release the petitioner to his own satisaction.

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