Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66431 of 2019 Arising Out of PS. Case No.-141 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Chandan Kumar Son of Ram Bhuwan Bhagat @ Ramadhar Bhagat Resident of Village- Vishambharpur, P.O.- and P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Meena @ Nishita Kumari Wife of Chandan Kumar Daughter of Late Hari Narayan Lal Resident of Mohalla-Yogibeg, Baragana, Mogalpura, P.OJhauganj, Patna City, P.S.-Khajekala, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-03-2020 Heard learned counsels for the petitioner, complainant and the State.

The petitioner, being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the IPC and Sections 3/4 of the Dowry Prohibition Act.

The prosecution case, as per the complaint petition, is to the effect that the marriage of the complainant was performed with the petitioner on 23.04.2017, but subsequent to the

Patna High Court CR. MISC. No.66431 of 2019(3) dt.06-03-2020 2/3 marriage, further demand of dowry of Rs. 2 lacs was made and due to non-fulfillment of the same, the complainant was tortured by all the accused persons including the petitioner. Learned counsel for the petitioner submits that the petitioner admits his marriage with complainant and he is ready to keep the complainant as wife with full dignity and honour, statement to that effect has been made in paragraph no. 10 of the petition, which reads as follows:- "That the petitioner humbly submits that the petitioner is always ready to keep her with all respect and dignity" Learned counsel for the complainant submits that though the complainant is ready to accept the offer of the petitioner to reside with him, but she is apprehensive due to past conduct of the petitioner, hence, she is more interested in getting the issue resolved in terms of payment of one time settlement amount.

Considering the present stand of the parties, the provisional anticipatory bail granted to the petitioner, vide order dated 04.11.2019 is hereby extended by six weeks from today. Let the learned Court below get the issue mediated and on issue being resolved either in terms of resumption of conjugal rights or in terms of part ways on payment of one time settlement amount, the provisional bail of the petitioner will be

Patna High Court CR. MISC. No.66431 of 2019(3) dt.06-03-2020 3/3 confirmed by the learned Court below.

(Dinesh Kumar Singh, J) Amrendra/- U T