Binkatesh Rai @ Benkatesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64767 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== BINKATESH RAI @ BENKATESH Son of Late Gopal Rai @ Ram Gopal Rai Resident of Village - Katharain, P.S.- Charpokhari, Distt - Bhagalpur at Ara.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Ms.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 34 of 2019 registered for the offences punishable under Sections 498A, 379, 323 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. As per FIR there is allegation against the petitioner that he subjected his wife to torture with respect to demand of Rs.4 lac.

Submission of learned counsel for the petitioner is that whole allegation is false and concocted and he is still ready to keep her with dignity and care.

Heard learned APP and learned counsel for the informant, who is appearing suo motu. Submission of learned counsel for the informant is that before the court below

Patna High Court CR. MISC. No.64767 of 2019(2) dt.17-10-2019 2/2 petitioner was not ready to keep her. However, considering the fact that as she has a child of one and half years she is ready to reside with the petitioner.

In view of above facts and circumstances, this application is disposed of with direction to the petitioner to surrender in the court below by 14.11.2019, on that day the informant shall also remain present in the court and the court below shall release the petitioner on provisional bail for a period of six months and during that period both the parties have to appear in the court below in fourth week of every month, so that the court may watch their conduct and marital relationship between them and once the court is satisfied with their conduct, specially the conduct of petitioner and their marital relationship, the court below shall confirm 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.

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