Tapash Kumar Modi @ Tapash Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51297 of 2019 Arising Out of PS. Case No.-910 Year-2016 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== TAPASH KUMAR MODI @ TAPASH MODI Son of Gajadhar Modi Resident of Village- Dhamni, P.S.- Rajauli, Dist.- Nawada. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pryinka Devi W/o Tapas Modi, D/o Ashok Modi R/o Village- Hajara, P.S.- Rajauli, Dist.- Nawada.

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 910/2016, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to cruelty in connection with demand of dowry. It further appears that a panchayati was also held, in which, the petitioner agreed to keep the complainant but he did not keep her and further a step for conciliation was also taken in the Mahila police station but there also petitioner refused to keep the complainant with himself.

Patna High Court CR. MISC. No.51297 of 2019(4) dt.04-11-2019 2/3 Submission of learned counsel for the petitioner is that all the allegations are false and concocted and he is still ready to keep the informant with full honour and dignity and he has also filed a petitioner under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.

Heard learned A.P.P. as well as learned counsel for the complainant. Learned counsel for the complainant has submitted that the complainant is also ready to live with the petitioner, if she is kept with full honour and dignity as a wife. Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the complainant to appear before the concerned court below on 14.11.2019 and if the petitioner files an affidavit that he is ready to keep the complainant with himself with full honour and dignity and if he is willing to take the complainant with himself from the court itself, the court below shall release the petitioner on provisional bail for a period of six months to his own satisfaction and in the meantime, the court below will watch the conduct of the parties by calling the complainant and petitioner in the fourth week of each month for a period of six months and after six months, if the court below is satisfied with the conduct of the parties specially the conduct of

Patna High Court CR. MISC. No.51297 of 2019(4) dt.04-11-2019 3/3 petitioner, he will either confirm the provisional bail of the petitioner or will pass any appropriate order including cancellation of provisional bail of the petitioner. (Vinod Kumar Sinha, J) sunilkumar/- U T