Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61025 of 2019 Arising Out of PS. Case No.-711 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== VIKASH KUMAR Son of Munna Lal Resident of Village - Chamali Bhawan, Dwarikapuri, P.S.- Danapur, Dist.- Patna.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Preeti Kumari Wife of Vikash Kumar Resident of Village - Jairam Bazar, P.S.- Khagaul, P.S.- Khagaul, Dist.- Patna.

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

For the Petitioner/s :

Mr.Mukesh Kant For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 711(C) /2018, 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 demand of dowry of Rs. Five Lakh and on non fulfillment of demand of dowry, he subjected her to cruelty and ousted her from the house. It further appears from the complaint petition that she again went to her matrimonial house but after birth of a female child, she was again ousted from the house. 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 rather it is the

Patna High Court CR. MISC. No.61025 of 2019(2) dt.25-09-2019 2/2 complainant, who does not want to live with the petitioner rather she desires to live in her naihar.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender in the court below within a period of two weeks from the date of receipt of this order and on surrender, he will be released on provisional bail for a period of six months during that period, the court below shall issue notice to the opposite party no. 2 and on her appearance if she is ready to live with the petitioner, the petitioner has to take her to his house and keep her with full honour and dignity and after expiry of six months, if the court below is satisfied with the conduct of the parties as well as their matrimonial life, he wil confirm the provisional bail of the petitioner. It is made clear that if the complainant does not appear in the court below or she refuses to live with the petitioner, in that situation also, the provisional bail of the petitioner shall be confirmed.

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