Anuj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59037 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== Anuj Singh, Son of Late Shyamji Singh, Resident of Village - Krishnapur, P.S.- Hilsa, District - Nalanda.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Rakhi Kumari, D/o Pramod Singh, Wife of Anuj Singh Resident of Village - Kharjambha, P.S. and District - Nalanda.

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Pronoti Singh For the O.P. No. 2 :

Anil Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner as well as opposite party No. 2. Also heard learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Mahila P.S. Case No. 81 of 2019 registered for the offences punishable under Sections 498A, 323, 504, 506 and 379 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

At the very outset, learned counsel of the petitioner submits that petitioner is ready to keep the opposite party No. 2 with full honour and dignity. In response to the aforesaid submission, learned counsel of opposite party No. 2 submits that

Patna High Court CR. MISC. No.59037 of 2019(3) dt.27-11-2019 2/3 the opposite party No. 2 is also interested to lead her conjugal life with petitioner.

In view of the aforesaid submissions, this anticipatory bail petition stands disposed of with direction to petitioner and opposite party No. 2 to appear in person before the court of learned Sub Divisional Judicial Magistrate, Nalanda at Biharsharif, in connection with Mahila P.S. Case No. 81 of 2019 on 12.12.2019 within six weeks from today and if both the parties do so and agree to go together, the learned Sub Divisional Judicial Magistrate, Nalanda at Biharsharif, shall permit the petitioner and opposite party No. 2 to go together after taking personal bond of Rs. 10,000/- of petitioner and further shall fix an appropriate date with direction to the parties to appear before him so that the conduct of petitioner and opposite party No.

2 could be watched and if the learned Sub Divisional Judicial Magistrate, Nalanda at Biharsharif, is satisfied with the conduct of the parties, the Sub Divisional Judicial Magistrate, Nalanda at Biharsharif, shall proceed to dispose of Mahila P.S. Case No. 81 of 2019 expeditiously. However, it is made clear that if Sub Divisional Judicial Magistrate, Nalanda at Biharsharif, finds that the parties are not residing peacefully and happily and if the opposite party No.

Patna High Court CR. MISC. No.59037 of 2019(3) dt.27-11-2019 3/3 or petitioner makes any complaint against their opponent, the learned Sub Divisional Judicial Magistrate, Nalanda at Biharsharif, shall pass appropriate order on the complaint and shall proceed in accordance with law.

(Hemant Kumar Srivastava, J) Spd/- U T