Sunil Kumar Bharti v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68451 of 2018 Arising Out of PS. Case No.-1182 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Sunil Kumar Bharti, Son of Shiv Balak Ram, Resident of Village-Isha Chapra,P.S. Sahebganj,Distt.-Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Baby Kumari, Wife of Sunil Kumar Bharti, D/o of Bindeshwar Ram, Resident of Village-Batraulia,P.S. Paroo,Distt.-Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Singh, Advocate Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Sri Jagdhar Prasad, APP Mr. Anish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 This is an application for grant of anticipatory bail in connection with Trial No. 4000 of 2018, arising out of Complaint Case No. 1182 of 2017, disclosing offences under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Allegation against the petitioner, who happens to be the husband of the opposite party no.2 that the petitioner is working as Supervisor in the Plywood Company and he has illicit relationship with another lady and threatening her to remain in his house as servant. Further allegation is that accused persons assaulted her on 07.07.2017 and ousted her from the

Patna High Court CR. MISC. No.68451 of 2018(7) dt.16-07-2019 2/3 house.

Submission of the learned counsel for the petitioner is that all the allegations are false and concocted. He is still ready to keep her with dignity and care and considering the same at the instance of the opposite party no.2, the matter was referred to the Patna High Court Mediation and Reconciliation Center, but mediation failed. Though the petitioner has appeared before the mediation center but the opposite party no.2 has not appeared and as such, mediation failed.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, they have submitted that she is still ready to live with the petitioner, if she is allowed to live with full dignity and care.

Having heard both sides, considering the above submissions, let the petitioner, above named, surrender before the court below on 26.07.2019 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, then he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Sub- Divisional

Patna High Court CR. MISC. No.68451 of 2018(7) dt.16-07-2019 3/3 Judicial Magistrate, West Champaran, in connection with Trial No. 4000 of 2018, arising out of Complaint Case No. 1182 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that he is to keep her with full dignity and care.

With the aforesaid observations, this application is disposed of.

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