Lal Kishore Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53015 of 2019 Arising Out of PS. Case No.-858 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== LAL KISHORE CHAUDHARY Son of Ghughali Chaudhary Resident of Village- Karjaniya Parsauni, Police Station- Chautarwa, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Neetu Devi Wife of Lal Kishore Chaudhary, Daughter of Shri Birendra Chaudhary Resident of Village- Karjaniya Parsauni, Police StationChautarwa, District- West Champaran. At present resident of VillageMangalpur Pokhra Tola, Awasani, P.O. Mangalpur, Police Station- Laukariya O.P. Pathkhauli, District- West Champaran.

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2019 This application, for grant of anticipatory bail, arises out of Trial No. 3652 of 2019 arising out of Complaint Case No. 858 of 2018, disclosing offences under Sections 323, 498A of the Indian Penal Code .

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 informant with full honour and dignity.

Patna High Court CR. MISC. No.53015 of 2019(3) dt.06-11-2019 2/3 Heard learned A.P.P. as well as learned counsel for the complainant. Learned counsel for the complainant has submitted that 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 21.11.2019 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 extend the provisional bail of the petitioner granted to petitioner vide order dated 26.08.

2019 by a coordinate Benh of this Court, for a further period of six months 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 petitioner, he will either confirm the provisional bail of the petitioner or will pass an appropriate order as he deems fit and proper including cancellation of provisional bail of the petitioner.

Patna High Court CR. MISC. No.53015 of 2019(3) dt.06-11-2019 3/3 It is also made clear that if opposite party no. 2 does not appear in the court below on the above mentioned date or she refused to reside with the petitioner, in that situation also, the provisional bail of the petitioner shall be confirmed. (Vinod Kumar Sinha, J) sunilkumar/- U T