Sunil Kumar Saini v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49338 of 2019 Arising Out of PS. Case No.-2013 Year-2017 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Sunil Kumar Saini Son of Late Badri Prasad ,Resident of Sindhi Gate, Machli Bazar, Priyanka Hello Centre, P.S. Ara Town, District- Bhojpur at present residing of H.E.C. Dhurwa Near E.S.I. Dispensary, HEC Dhurwa, P.S.- Dhurwa, District- Ranchi (Jharkhand).

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Asha Kumari wife of Sunil Kumar Saini, Daughter of Sri Charan Prasad Resident of Village- Dahiyawa, P.S. Chapra Town, District- Saran at present residing of Sindhi Gate, Machli Bazar, Priyanka Hello Centre, P.S. Ara Town, District- Bhojpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned counsel for the State. Despite valid service of notice, no one appears on behalf of Opp.Party no.2 The petitioner, husband of opposite party no. 2, apprehends his arrest in Complaint Case no.2013 of 2017, registered for the offence under Sections 323, 379, 498(A) of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

The allegation is of torture and assault on the complainant due to non-fulfilment of dowry and ultimately, the

Patna High Court CR. MISC. No.49338 of 2019(6) dt.25-02-2020 2/2 complainant was ousted from her matrimonial home. It is submitted by learned counsel for the petitioner that the petitioner is ready to keep his wife with full honour and dignity.

In view of the undertaking given by the petitioner to keep his wife with full honour and dignity, the provisional bail granted to the petitioner vide order dated 07.08.2019 is hereby confirmed subject to the following conditions : (I) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) nawalkrs/- U T