Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62683 of 2019 Arising Out of PS. Case No.-192 Year-2019 Thana- ARA MUFFSIL District- Bhojpur ====================================================== PRAKASH KUMAR Son of Late Lallu Singh Resident of Mohalla - Bahadurpur, P.S.- Bahadurpur, P.O.- Rajendra Nagar, Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Kanchan Kumari Wife of Prakash Kumar Resident of Mohalla - Bahadurpur, P.S.- Bahadurpur, P.O.- Rajendra Nagar, Patna present address- daughter of Ram Kumar Singh, Bashmanpur, P.S.- Arrah (Muffasil) Dhobhan O.P., District - Bhojpur.

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

For the Petitioner/s :

Mr.Kumar Binode Bariar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2020 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with P.S.Arrah (Mu.) Dhobahan O.P.Case No.192 of 2019 , registered for offences punishable under Sections 341, 323, 506, 498A/34 of the Indian Penal Code and Section 3⁄4 of the D.P.Act. As per FIR, there is allegation against the petitioner, who happens to be husband of the informant of demand of one Bullet Motorcycle as dowry and for that assaulting her and torturing her.

Submission of the learned counsel for the petitioner is that the petitioner is ready to keep her with dignity and care if she is ready to reside with him and on her appearance the matter

Patna High Court CR. MISC. No.62683 of 2019(3) dt.09-01-2020 2/3 was sent for mediation but the mediation has failed but the learned counsel for the petitioner has again stated that the petitioner is still ready to keep her.

Heard learned A.P.P. and the learned counsel for the O.P.No.2 (informant) who has also submitted that she is ready to reside with the petitioner and her in-laws if she is allowed to live with the dignity and care and not subjected her to cruelty.. Having heard both sides and in view of stands of the parties, let the petitioner surrender on 23.1.2020 on that day O.P.no.2 shall also appear in the court below and on appearance of both the parties and on filing of the affidavit by the petitioner that he will take her from the court below itself and will keep her with dignity and care, the petitioner shall be released on provisional bail in connection with Arrah (Mu.) Dhobahan O.P. P.S.Casae No.

Patna High Court CR. MISC. No.62683 of 2019(3) dt.09-01-2020 3/3 is free to pass any other order or orders as he deems fit and proper including cancelling the bail bond of the petitioner. It is needless to say that if O.P.no.2 does not appear on the date fixed, or she is not ready to reside with the petitioner, the petitioner shall be released on bail by the learned court below. With the above direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T