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Patna High CourtCR. MISC./64697/2019disposed

Faudi @ Fauzi Jamadar @ Faudi Jamadar v. The State Of Bihar

2019-10-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64697 of 2019 Arising Out of PS. Case No.-902 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== FAUDI @ FAUZI JAMADAR @ FAUDI JAMADAR Son of Dinesh Jamadar Resident of Village - Horil Bigha, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jasmati Devi Wife of Faudi Jamadar Resident of Village - Horil Bigha, P.S.- Noorsarai, District- Nalanda, D/O - Bijay Bind, At present Resident of Village - Kichni, P.S.- Harnaut, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 902C of 2018, disclosing offences under Sections 341, 323, 504, 506, 307, 498A and 406/34 of the Indian Penal Code.

Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to torture and cruelty with respect to demand of dowry..

Submission of learned counsel for the petitioners is that entire allegation is false and concocted and he is still ready to keep her with full honour and dignity and earlier the petitioner has also filed a case in the Family Court for restitution of conjugal rights, in which, the complainant had appeared and, thereafter, started residing with the petitioner but she again fled away.

Patna High Court CR. MISC. No.64697 of 2019(2) dt.16-10-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considerations the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender before the court below within three weeks from the date of receipt of a copy of this order, on which, the court below shall release the petitioner on provisional bail for a period of six months, during which, period, the court below shall issue notice to the complainant and on her appearance will refer the matter to District Mediation Committee and after receipt of the report from the Mediation Committee and after satisfying with the conduct of the parties, he will either confirm the provisional bail of the petitioner or will pass any appropriate order as he deems fit and proper including cancellation of provisional bail of the petitioner. It is also made clear that if on notice, the complainant fails to appear in the court below, in that situation also, the provisional bail of the petitioner shall be confirmed. (Vinod Kumar Sinha, J) sunilkumar/- U T