Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61642 of 2021 Arising Out of PS. Case No.-333 Year-2019 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Santosh Kumar Son of Late Wakil Paswan Resident of Village - Kharik Bazar, P.S. - Kharik Bazar, District - Bhagalpur at present resident of Village - Rampur Karchhana, Allahabad, P.S. - Industrial Area, Allahabad (U.P.) ... ... Petitioner

Versus

1.

The State of Bihar Bihar 2.

Barsha Kumari Daughter of Nand Kishore Paswan At present residing at Bijli office Quarter, P.S. - Kasim Bazar, District - Munger. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Vivekanand Vivek, Advocate Mr. Rang Nath Pandey, Advocate For the Opposite Parties :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks anticipatory bail in connection with Complaint Case No. 333C of 2019 registered for the offences under Sections 498A, 323 of the Indian Penal Code and under Section 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner and learned counsel for the opposite party no.2 jointly submit that both the parties are ready to live together as husband and wife. In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before

Patna High Court CR. MISC. No.61642 of 2021(2) dt.03-02-2022 2/3 17.02.2022 and thereafter both the parties will file an application in the Court below that they have amicable settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and mobile 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 Complaint Case No. 333C of 2019 subject to the condition 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 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 petitioner shall not be arrested in connection

Patna High Court CR. MISC. No.61642 of 2021(2) dt.03-02-2022 3/3 with aforesaid case.

With the aforesaid observation and directions, this bail petition is allowed.

(Sandeep Kumar, J) ravishankar/- U T