Shiv Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67471 of 2019 Arising Out of PS. Case No.-1452 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Shiv Shankar Rai, Son of Ram Chandra Rai, Resident of Village - Banjari, P.S.- Bela, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Niyasa Devi, W/o Shivshankar Rai, D/o Vindeshwar Rai, Resident of Village - Kharbani, P.S.- Khabani, Dist.- Mohtari (Nepal). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahendra Thakur, Advocate Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP For the Informant :

Mr. Pusupendru Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2020 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1452 of 2018 disclosing offences under Sections 498A/34 of IPC.

Petitioner happens to be the husband of the complainant and there is allegation of demand of Rs.50,000/- and other articles and for that, she was subjected to cruelty. Submission of the learned counsel for the petitioner is that the allegation is false and concocted. He is still ready to keep her with dignity and care and for that he has also filed a petition for restitution of conjugal rights before the Principal Judge, Family Court, being Matrimonial Case No. 208 of 2018.

Patna High Court CR. MISC. No.67471 of 2019(3) dt.10-01-2020 2/2 Heard learned A.P.P. also and perused the record, from which, it appears that earlier notice was issued to the opposite party no.2 and she has already appeared in this case by filing a Vakalatnama, but nobody appears on behalf of the opposite party no.2.

Having heard both sides, considering the above submissions, made above, this application is allowed. The provisional bail granted to the petitioner, vide order dated 06.11.2019 is confirmed with the condition that if the opposite party no.2 is ready to reside with him, he has to keep her with dignity and care.

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