Vikky Kumar @ Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71573 of 2019 Arising Out of PS. Case No.-268 Year-2018 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== VIKKY KUMAR @ BITTU KUMAR Son of Ashok Singh Resident of Village-Abadganj Near Mission School ward no.24 near Shiv Mandir, P.ODaltenganj (Jail Hata), P.S-Mehdani Nagar Town, District-Palamu (Jharkhand).
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Ranju Kumari Wife of Vikky Kumar @ Bittu Kumar Daughter of Dev Nandan Prasad Resident of Village/Mohalla-Abadganj Near Mission School ward no. 24 near Shiv Mandir, P.O-Daltenganj (Jail Hata), P.S-Mehdani Nagar Town, District-Palamu (Jharkhand). At Present Village, P.O. and P.S.- Parashi, District-Arwal, Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar No1 For the Opposite Party/s :
Mr.Baijnath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-10-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2. The petitioner seeks anticipatory bail in connection with Complaint Case No. 268/2018 registered for the offences under Section 498-A and other allied sections of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.
The matter was earlier adjourned on 05.03.2020 so that the matter may be referred to the Patna High Court Mediation and Conciliation Centre for mediation between the
Patna High Court CR. MISC. No.71573 of 2019(6) dt.25-10-2021 2/3 petitioner and the opposite party No. 2, but due to COVID-19 pandemic, mediation process could not be initiated. In paragraph No. 12 of the bail petition, specific statement was made that the petitioner is ready to keep the opposite party no.2 with full honour and dignity. In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 01.11.2021 and, thereafter, both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.
On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Arwal, in connection with Complaint Case No. 268/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. After completion of three months, both the parties
Patna High Court CR. MISC. No.71573 of 2019(6) dt.25-10-2021 3/3 will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail or to cancel the same in the facts of the case.
Till filling of the application by both the parties in the Court below, the interim protection granted to the petitioner vide order dated 19.11.2019 shall continue to operate. With the aforesaid observations and directions, this bail petition is allowed.
(Sandeep Kumar, J) Saif/- U T