Suraj Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65743 of 2019 Arising Out of PS. Case No.-791 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SURAJ MISHRA Son of Ashok Mishra Resident of Village- Salha, P.S.- Govindganj, District- East Champaran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Priti Lata Mishra D/o Late Sanjay Pandey Resident of Village- Raxaul Mauje Tola, P.S.- Raxaul, District- East Champran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-10-2019 This is an application for grant of anticipatory bail in connection with Trial No. 2200 of 2019, arising out of Complaint Case No. C-791 of 2018, disclosing offences under Section 498A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

As per complaint case, petitioner is said to be the husband and he was pressuring the complainant for a motorcycle, for that, she was tortured and harassed and lastly ousted from the house.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted. As a matter of fact, she was not ousted from the house. Further submission is that he is still ready to keep her with full dignity and care.

Patna High Court CR. MISC. No.65743 of 2019(2) dt.21-10-2019 2/3 Heard learned APP also.

In such view of the matter, considering the above submissions, this application is disposed of with a direction to the petitioner to surrender before the learned court below, on surrender, he will be released on provisional bail for a period of six months. During that period, the learned court below shall issue a notice to the complainant 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 learned court below shall further extend the period of provisional bail for six months, so that the court below shall watch the conduct of both the parties and further directs that both the parties shall appear in the third week of each month before the learned court below. Once the court below is satisfied with the conduct of both the parties, especially, the conduct of the petitioner, the court below either confirm the bail bonds of the petitioner or pass any other orders, which may deem fit and proper, including cancelling the bail bonds of the petitioner.

It is also made clear that if the opposite party no.2 will not appear, even on notice, or she is not ready to reside with the petitioner without any sufficient reason, the bail bonds of the petitioner shall be confirmed.

Patna High Court CR. MISC. No.65743 of 2019(2) dt.21-10-2019 3/3 (Vinod Kumar Sinha, J) Sunil Shukla/- U T