Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59533 of 2019 Arising Out of PS. Case No.-224 Year-2018 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Murari Kumar, Son of Umesh Sao, Resident of Village-Thera Sarai, P.SWarisaliganj, District-Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranjana Kumari, D/o Raj Kumar Sao, Resident of Village-Raja Devar, P.SAkbarpur, District-Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 224 of 2018, disclosing offences under Sections 323, 498A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

As per complaint petition, petitioner happens to be the husband of the complainant and there is allegation of demand as well as torture to the complainant.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with full dignity and care. On the other hand, the opposite party no.2 has appeared and submitted that she is also ready to reside with the

Patna High Court CR. MISC. No.59533 of 2019(4) dt.20-11-2019 2/3 petitioner, if she is allowed to live with full dignity and care, otherwise, she is also ready for one time settlement. In such view of the stand of the parties, let the petitioner, above named, surrender before the learned court below on 04.12.2019 and on that day the opposite party no.2 shall also remain present in the Court. Once both the parties appeared and further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and care and to take her from the Court itself, he will be released on provisional bail for a period of six months.

During that period, the learned court below shall watch the conduct of both the parties and further directs that both the parties shall appear in the third week of each month before the learned court below. Once the court below is satisfied with the conduct of both the parties, and their marital relationship, especially the conduct of the petitioner, the provisional bail granted to the petitioner shall be confirmed, otherwise, he is free to pass any other order or orders, which may be deemed fit and proper, including cancelling the bail bonds of the petitioner.

It is needless to say that if the opposite party no.2 does not appear before the court below or is not ready to reside with the petitioner, in that case also, the learned court below

Patna High Court CR. MISC. No.59533 of 2019(4) dt.20-11-2019 3/3 shall release the petitioner on bail on his own satisfaction. With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T