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Patna High CourtCR. MISC./52569/2019disposed

Rahul Raj @ Pappu Kumar v. The State Of Bihar

2019-11-05Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52569 of 2019 Arising Out of PS. Case No.-116 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== RAHUL RAJ @ PAPPU KUMAR Son of Ishwar Mistry Resident of Colony East Lohanipur, Khadpar (Near Parvati Mandir) Ambedkar Colony, P.S.- Kadamkuan, District-Patna.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Nayantara Devi W/o Rahul Raj @ Pappu Kumar, D/o Laxmi Narayan Sharma Resident of Village-Vishwambarpur Ailouth, P.S.-Musrigharari, District-Samastipur.

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr.Ramesh Chandra, APP For O.P. No. 2 : Mr. Gopal Sharan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2019 This application, for grant of anticipatory bail, arises out of C.R. No. 116/2018, disclosing offences under Section 498A and 34 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.

Submission of learned counsel for the petitioner is that all the allegations are false and concocted and he also has a child and he is still ready to keep the informant and her child with full honour and dignity.

Patna High Court CR. MISC. No.52569 of 2019(3) dt.05-11-2019 2/3 Heard learned A.P.P. as well as learned counsel for the complainant. Learned counsel for the complainant has submitted that a divorce case has been filed by the petitioner but in spite of that 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 will also withdraw the divorce case and further if he is willing to take the complainant with himself from the court itself, the court below shall extend the provisional bail already granted to the petitioner by a coordinate Bench of this Court vide order dated 22.08.

Patna High Court CR. MISC. No.52569 of 2019(3) dt.05-11-2019 3/3 proper including cancellation of provisional bail of the petitioner.

(Vinod Kumar Sinha, J) sunilkumar/- U T