Laxman Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71038 of 2018 Arising Out of PS. Case No.-132 Year-2018 Thana- KOCHAS District- Rohtas ====================================================== Laxman Kumar Son of Ganesh Seth Resident of MohallaShobhaganj,Sasaram,Ward No.37,Police Station-Sasaram(T) Distt.-Rothas at Sasaram ... ... Petitioner/s

Versus

1. The State of Bihar

2. Chandani Devi Wife of Laxaman Kumar Resident of MohallaShobhaganj,Sasaram,Ward No.37,Police Station-Sasaram(T) Distt.-Rothas at Sasaram D/o of Nandlal Seth,At present Resident of Village- Kochas,Post Office-Kochas,Police Station-Kochas,Distt.-Rohtas at Sasaram ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Kochas P. S. Case No. 132 of 2018 instituted for the offence under Section(s) 341, 323, 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Learned counsel for petitioner submits that petitioner is husband of the informant. It has further been submitted that he wants to keep his wife with fully dignity. Petitioner has also filed a matrimonial case under section 9 of the Hindu Marriage Act for restitution of conjugal rights . But the informant is not ready to live with the petitioner.

Patna High Court Cr.Misc. No.71038 of 2018(2) dt.10-12-2018 2/2 Learned counsel for the informant has submitted that informant (wife) is always ready to live with this petitioner. Considering the aforesaid, let the petitioner, above named, be released on provisional bail for a period of six months from the date of of his release on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM 1st Rohtas at Sasaram, in connection with Kochas P. S. Case No. 132 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

Thereafter, the Court below will fix a date for taking the informant (wife) with him and thereafter Court below will monitor the relationship between the parties and on being satisfied that good conjugal relation have been restored between husband and wife and wife does not make any complain about the physical and mental torture committed by the petitioner during the period of her stay with him or Court below finds that good conjugal relationship could not be restored on account of indifferent attitude of wife, the court below will confirm the provisional bail of the petitioner after six months. (Sanjay Priya, J) shyambihari/- U T