Atul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52660 of 2019 Arising Out of PS. Case No.-1101 Year-2017 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== ATUL KUMAR Son of Sri Bibhuti Sharma Resident of Village - Nayagaon, Tola- Satkhutti, P.S.- Parwatta in the Dist.- Khagaria. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Seema Devi W/o Atul Kumar Resident of Village - Chak Pariyag, Ward No.4, P.S.- Parwatta in the Dist.- Khagaria.

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

For the Petitioner/s :

Mr.Prabhu Narayan Sharma For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 1101C/2016, disclosing offences under Section 498A of the Indian Penal Code and Section 3/4 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.

Submission of learned counsel for the petitioner is that all the allegations are false and concocted and he is still ready to keep the complainant with full honour and dignity. Heard learned A.P.P. as well as learned counsel for the complainant. Learned counsel for the complainant has

Patna High Court CR. MISC. No.52660 of 2019(3) dt.05-11-2019 2/2 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 18.11.

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 first 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 the petitioner, he will confirm the provisional bail of the petitioner otherwise, he will pass an appropriate order including cancellation of provisional bail of the petitioner.