Raj Kishore Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75199 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== RAJ KISHORE MISHRA Son of Sri Sunil Kumar Mishra Resident of Mohalla Ayodhyapuri, Road No. 1, Lower Chutia, Kamal Talab, P.S. Chutia,Town and District Ranchi, Jharkhand.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Archana Devi wife of Raj Kishore Mishra Daughter of Arun Kumar Pathak, Resident of Mahabalipur Kalisthan, Paliganj, P.S. Paliganj, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Maijorwar For the Opposite Party/s :

Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Mahila P. S. Case No. 81 of 2018 registered for the offences punishable under Sections 498A, 307, 34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Petitioner happens to be husband of the informant and there is allegation against him that he demanded dowry and for that he assaulted the informant.

Submission of learned counsel for the petitioner is that whole allegation is false and concocted and he is still ready to keep her with dignity and care, which he has stated in paragraph-8 of the petition.

Heard learned APP also.

In view of above submission as made above, this

Patna High Court CR. MISC. No.75199 of 2019(2) dt.20-01-2020 2/2 application is disposed of with direction to the petitioner to surrender in the court below on 27.1.

2020 and on filing of an affidavit by the petitioner that he is ready to take her from the court itself he shall be released on provisional bail to the satisfaction of the court below and in the meantime, learned court below shall issue notice to the informant and on appearance of both the parties if she is ready to reside with the petitioner, learned court below shall extend the period of provisional bail for a further period of six months and during that period both the parties have to appear in the court below in third week of each month, so that the court may watch their conduct and marital relationship between the parties and once the court is satisfied with the conduct of both the parties, specially the petitioner, bail bonds of the petitioner 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.

It is made clear that if opposite party No.2 does not choose to appear in the court on notice or she is not ready to reside with the petitioner without showing some genuine reason and in that event the provisional bail granted to the petitioner shall be confirmed.

(Vinod Kumar Sinha, J) spal/- U T