Aditya Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84703 of 2019 Arising Out of Case No.-785 Year-2018 - VAISALI COMPLAINT CASE District- Vaishali ====================================================== ADITYA RAJ S/o Bablu Singh @ Abhay Singh Resident of VillageBishunpur Bejhha, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Madhu Kumari W/o Aditya Raj Resident of Village- Bishunpur Bejhha, P.S.- Mahua, District- Vaishali, presently resided with her father, namely, Shambhu Singh, Village- Aasama, P.S.- Patepur, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mrs.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-06-2020 Heard the learned counsel for the petitioner and the learned APP. Notice was issued to the complainant but it appears that she has not appeared as yet.

The matter has been taken up through video conferencing.

The petitioner apprehends his arrest in Complaint case No. 785/ 2018 for the offences allegedly committed by the petitioner under Section 323, 498A of the IPC and u/s 3/4 of Dowry Prohibition Act.

The learned counsel for the petitioner submits that marriage of petitioner never demanded any dowry nor tortured his wife. All the allegations are false and concocted. The complainant wanted that petitioner should live separately from his family members and that is why she filed the case. The petitioner is ready to keep his wife with all honour and dignity. Taking into consideration the facts aforesaid and the

Patna High Court CR. MISC. No.84703 of 2019(3) dt.25-06-2020 2/2 undertaking given by the petitioner that he is ready to keep his wife with all proper care, the petitioner, above named, is directed to surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order and on such the learned court below shall enlarge the petitioner on provisional anticipatory bail for six months on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Vaishali at Hajipur in connection with Complaint case No. 785/ 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The learned court below shall make all efforts for resolving the dispute between the husband and wife and if the case is compromised and petitioner is ready to keep his wife properly the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife properly, the learned court below shall pass order on the provisional bail of the petitioner, in accordance with law, immediately after lapse of six months.

(Prabhat Kumar Jha, J) BKS/- U T