Nandlal Sahni @ Nanhe Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69377 of 2019 Arising Out of PS. Case No.-25 Year-2017 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Nandlal Sahni @ Nanhe Nishad, aged about 31 years, Gender-Male, son of Jailal Sahni, resident of Village - Hirapur, P.S.-Paroo, District - Muzaffarpur. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Khushboo Devi @ Rinki Kumari, aged about 25 years, Gender-Female, W/o Nandlal Sahni, D/o Muntun Sahni, at present R/o Village - Bahilwara mual, P.S.-Saraiya, District-Muzaffarpur.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Alok Kumar Alok, Advocate For the State :

Mr. Upendra Kumar, APP For the Opposite Party No.2 :

Mr. Amit Kumar Rakesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-10-2021 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner, Mr. Upendra Kumar, learned APP for the State and Mr. Amit Kumar Rakesh, learned counsel for the opposite party no.2 through video conferencing.

The petitioner seeks anticipatory bail in connection with Mahila P.S. Case No.25 of 2017 registered for the offences under Sections 498(A), 323 & 504/34 of the Indian Penal Code and under Section 3/ 4 of the Dowry Prohibition Act. It is the submission of learned counsel for the petitioner that the petitioner is ready to keep his wife i.e. opposite party no.2 with full honour and dignity.

Patna High Court CR. MISC. No.69377 of 2019(4) dt.22-10-2021 2/3 Learned counsel for the opposite party no.2 has no objection to such submission.

In view of aforesaid submission, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 01.11.2021 and thereafter both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. (West), Muzaffarpur, in connection with Mahila P.S. Case no.25 of 2017 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter

Patna High Court CR. MISC. No.69377 of 2019(4) dt.22-10-2021 3/3 take a decision either to confirm the provisional bail or to cancell the same in the facts of the case.

Till filling of the application by both the parties in the Court below, the interim protection granted to the petitioner vide order dated 18.12.2019 shall continue to operate. With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) pawan/- U T