Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67061 of 2019 Arising Out of PS. Case No.-429 Year-2016 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== MANOJ KUMAR Son of Late Anandi Prasad Resident of Village - Chak Bharat Patti, P.S.- Paru in the district of Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari Daughter of Shankar Kumar Resident of Village - Baluka Ram, P.S.- Vaishali in the district of Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 429 of 2016 registered for the offence punishable under Section 498A of the Indian Penal Code. As per complaint petition allegation against the petitioner, who happens to be husband of the complainant, is that he subjected her to torture and ousted her from the house due to non-fulfilment of demand of Rs.2 lac. It is also alleged that petitioner has remarried with another lady.

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 dignity and care.

Heard learned APP also.

In view of above facts and circumstances, this application

Patna High Court CR. MISC. No.67061 of 2019(2) dt.23-10-2019 2/2 is disposed of with direction to the petitioner to surrender in the court below within a period of three weeks from the receipt of this order and on surrender and file an affidavit that he has not solemnized second marriage and ready to keep her with dignity and care, he shall be released on provisional bail to the satisfaction of the court below and in the meantime the court below shall issue notice to opposite party No.

2 and on her appearance if she is ready to reside with the petitioner and petitioner is ready to keep her with dignity and care, the provisional bail shall be extended for a further period of six months and during that period the court below shall watch their conduct, specially the conduct of the petitioner and once the court is satisfied with the same the court below shall confirmed the bail bonds of the petitioner, otherwise the court is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner. It is made clear that if on notice opposite party No.2 appears and shows any proof to show that petitioner has married another lady, the provisional bail granted to the petitioner shall be cancelled.

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