Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49785 of 2019 Arising Out of PS. Case No.-379 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== AJAY KUMAR Son of Late Raj Kapoor Sao Resident of Chitragupta Nagar Near Nobel Hospital, P.S.- Patrakarnagar, District- Patna. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Shweta Kumari W/O Ajay Kumar D/O Ramakant Prasad R/O Mahatma Gandhi Nagar, Kanti Factory, P.S Patrakarnagar P.O. Lohia Nagar, Patna 800020 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Navesh Nandan For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Patrakar Nagar P.S.Case No.379 of 2019 registered for offences punishable under Sections 323, 324, 307, 341 and 498A of the Indian Penal Code and Sections 3⁄4 of the D.P.Act. As per FIR, there is allegation of demand of Rs.01 lac and for that she was assaulted, on that her brother and other family members came and they were also assaulted by the knife. Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted and he is ready to keep her with dignity and care . There is no injury report available on the record.

Patna High Court CR. MISC. No.49785 of 2019(4) dt.22-11-2019 2/3 Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail but ultimately they have submitted that she is also ready to reside with the petitioner, if she is allowed to live with dignity and care.. Having heard both sides and in view of stand of both the parties, let the petitioner surrender on 10.12.2019 and on that day O.P.no.2 shall also remain present in the court below and if the O.P.no.2 is ready to reside with the petitioner and the petitioner is ready to keep her he will file an affidavit that he will take her from the court below itself and will keep her with dignity and care, on that he shall be released on provisional bail in connection with Patrakar Nagar P.S.Case No.

379 of 2019 for a period of nine months and during that period, both the parties have to appear before the learned court below in the third week of each month so that the learned court below may watch the conduct and matrimonial relationship between the parties an once being satisfied with the conduct of both the parties and their matrimonial relationship especially the conduct of the petitioner, the bail bond of the petitioner shall be confirmed otherwise the learned court below is free to pass any other order or orders as he deems fit and proper including cancelling the bail bond of the petitioner.

Patna High Court CR. MISC. No.49785 of 2019(4) dt.22-11-2019 3/3 It is needless to say that if O.P.no.2 does not appear on the date fixed, or she is not ready to reside with the petitioner, the petitioner shall be released on bail by the learned court below.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U