Nawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8238 of 2021 Arising Out of PS. Case No.-8 Year-2019 Thana- MAHILA District- Munger ====================================================== NAWAL KUMAR S/o Suresh Prasad Sah Resident of Village- Chhoti Keshopur, P.S.- Jamalpur, District- Munger.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamal Kishore Jha For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-04-2022 Mr. Avinash Chandra, appears for the opposite party No. 2, his Vakalatnama is taken on record.

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2. The petitioner seeks anticipatory bail in connection with Mahila P.S. Case No. 8/2019 registered for the offences under Section 498-A and other allied sections of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

On instruction, learned counsel for the opposite party No. 2 submits that the opposite party No. 2 is ready to stay with the petitioner.

However, learned counsel for the petitioner submits that in paragraph No. 12 of the bail petition, specific statement

Patna High Court CR. MISC. No.8238 of 2021(7) dt.04-04-2022 2/3 was made that the petitioner is ready to keep the opposite party no.2 with full honour and dignity.

In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 25.04.2022 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 Sub Divisional Judicial Magistrate, Munger, in connection with Mahila P.S. Case No. 8/2019, subject to the conditions 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

Patna High Court CR. MISC. No.8238 of 2021(7) dt.04-04-2022 3/3 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 interim protection granted to the petitioner vide order dated 13.12.2021 shall continue to operate. With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) Saif/- U T