Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61331 of 2019 Arising Out of PS. Case No.-612 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Manoj Kumar Son of Raj Narayan Panjiyar Resident of Village- Gonhi, Bishanpur, P.S.- Sonbarsha, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjali Kumari W/o Manoj Kumar R/V- Gonhi Bishanpur P.S.- Sonbarsha District- Sitamarhi, at present D/O Sri Ram Sogarath Mahto, R/V- Laxmipur, P.S.- Sonbarsha Dist- Sitamarhi.

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

For the Petitioner/s :

Mr.Sabal Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP For the Informant :

Mr. Hans Lal Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-06-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsel for the petitioner, informant and the State are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned counsel for the petitioner, informant and the learned APP for State.

Petitioner apprehend his arrest in connection with Complaint case no. 612 of 2018 instituted for the offence

Patna High Court CR. MISC. No.61331 of 2019(5) dt.17-06-2020 2/3 under Sections 323, 380, 498A and 314 of the IPC. Later on cognizance has been taken under Section 498A/34 of the IPC. The prosecution case is that the petitioner has subjected the complainant to cruelty and harassment for demand of dowry and has ousted the complainant from her matrimonial home. Earlier, the matter was referred to the Mediation Center of the Patna High Court. Today, when the matter is taken up, the petitioner's counsel submits that he has specific instruction that the complainant and the petitioner have resolved the dispute and are now living together.

Learned counsel for the informant has appeared through video conferencing. He does not dispute the aforesaid facts. Since the parties are now residing in peaceful matrimony, this Court is inclined to allow the prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner before the court below, named above, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM Sadar Sitamarhi, in connection with Complaint case no. 612 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following

Patna High Court CR. MISC. No.61331 of 2019(5) dt.17-06-2020 3/3 conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T