Suresh Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73287 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- MAHILA P.S. District- Saran ====================================================== SURESH KUMAR PRASAD Son of Lalita Prasad Resident of Village - Natwar Gopi, P.S.- Manjhi, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vipin Kumar Singh For the Opposite Party/s :
Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 15 of 2019 registered for the offences punishable under Sections 341, 323, 498A, 504 and 506/34 of the Indian Penal Code.
As per FIR petitioner is said to be husband of the informant and there is allegation that he demanded motorcycle and for that he tortured her.
Submission of learned counsel for the petitioner is that he is an Army personnel and no such occurrence has taken place and he has already filed a petition under Section 9 of Hindu Marriage Act before the Family Court and he is still ready to keep her with dignity and care.
Heard learned APP and learned counsel for the informant, who has submitted that she is also ready to reside
Patna High Court CR. MISC. No.73287 of 2019(2) dt.19-11-2019 2/2 with the petitioner if she is allowed to live with dignity and care. In view of above facts and circumstances and also considering the stand of the parties, let petitioner surrender in the court below on 4.12.2019, on that day the informant shall also remain present in court. On filing an affidavit by the petitioner that he is ready to keep her with dignity and care and will take her from the court itself, learned court below shall release the petitioner on provisional bail with direction to them to appear before the court below on every two months, so that the court may watch their conduct and marital relationship and once the court is satisfied with the same, specially the conduct of the petitioner, the bail bonds of the petitioners shall be confirmed, otherwise the court is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner.
This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T