Ashwini Kumar @ Ashwini Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73761 of 2019 Arising Out of PS. Case No.-2852 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Ashwini Kumar @ Ashwini Kumari Son Of Sri Dinesh Prasad Singh Resident Of Village-Khabara Road, Post-Khabara, P.S-Kazi Mohammadpur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari Wife of Ashwini Kumar, D/o Raj Kishore Sharma Resident of Mohalla-Bakhara Road, P.O-Bakhara, P.S-Kazi Mohammadpur, DistrictMuzaffarpur, At present R/o Moh-Gannipur South of Law College near Railway Line, P.S-Kazi Mohammadpur, District-Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Jha For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-08-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 2852 of 2018 registered for the offence under Sections 498(A), and 120(B) of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

It is a case of matrimonial dispute. The learned counsel for opposite party no.2 is present and has submitted that they have compromised the case. At the same time, learned counsel for the

Patna High Court CR. MISC. No.73761 of 2019(7) dt.10-08-2022 2/2 complainant has also submitted that on earlier occasion also, the matter was compromised, but the petitioner, who is husband of the complainant, did not stand to his words, to which the learned counsel for the petitioner has submitted that the complainant is still residing with the petitioner.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on provisional bail for a period of six months on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Complaint Case No. 2852 of 2018, subject to condition as laid down under Section 438(2) Cr.P.C. The bail bond of the petitioner shall be confirmed by the court below after a period of six months if the conduct of the petitioner is found satisfactory.

Office shall ensure that all the defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) Shweta/mahesh U T