Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67327 of 2019 Arising Out of PS. Case No.-1778 Year-2016 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Ajit Kumar, Son of Surendra Yadav, Resident of Village- Bhaluka, P.O. and P.S.- Barhat, District- Jamui at Present Resident of Shitla Colony near K. K. M. College, Mahinadhi, P.S. and District- Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nitu Kumari, W/o Ajit Kumar, Resident of Village- Shitla Colony near K. K. M. College, Mahinadhi, P. S. and Distr.- Jamui at Present Daughter of Shushil Kumar Resident of Village- Churaman Chak, P.S.- Tiyay, O.P. Bhagwanpur, District- Begusarai.

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate Mr. Raj Narayan Mishra, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP For the Informant :

Mr. Sabal Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2020 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1778 (C) of 2016, disclosing offences under Sections 323, 498A, 406/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Petitioner happens to the husband of the complainant and there is allegation against him of demand of T.V., Freeze and other articles and for that, she was subjected to cruelty and ousted from the house.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still

Patna High Court CR. MISC. No.67327 of 2019(3) dt.10-01-2020 2/3 ready to keep her with full dignity and care. On the other hand, the opposite party no.2 has appeared and submitted that she is also ready to reside with the petitioner, if she is allowed to live with full dignity and care. Having heard both sides, in view of the stand of both the parties, this application is disposed of with a direction to the petitioner, above named to surrender before the learned court below on 24.01.2020 and on that day the opposite party no.2 shall also remain present in the Court, and further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and care and to take her from the Court itself, he will be released on provisional bail for a period of six months.

During that period, the learned 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 being satisfied with the conduct of both the parties, and their marital relationship, especially the conduct of the petitioner, the provisional bail granted to the petitioner shall be confirmed, otherwise, he is free to pass any other orders or order, 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

Patna High Court CR. MISC. No.67327 of 2019(3) dt.10-01-2020 3/3 does not chose to appear on the date fixed or she is not ready to live with the petitioner, in that case also, the petitioner shall be released on bail by the learned court below to his own satisfaction.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T