Kumud Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1223 of 2020 Arising Out of PS. Case No.-85 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== KUMUD KUMAR Son of Bateshwar Mehta Resident of Village - Bishanpur, P.O. and P.S.- Piri Bazar, District- Lakhisarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Piri Bazar P.S. Case No. 85 of 2019 registered for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

Petitioner happens to be husband and there was demand of car and for non-fulfilment of the same informant-wife was subjected to cruelty and further allegation is that he solemnized marriage with another lady, namely, Priyanka Kumari.

Submission of learned counsel for the petitioner is that no such marriage was performed and allegation is false and concocted and he is still ready to keep her with dignity and care, which stand he has taken in the court below also.

Heard learned APP also.

In view of above facts and circumstances, this application is disposed of with direction to the petitioner to surrender in the court

Patna High Court CR. MISC. No.1223 of 2020(2) dt.24-01-2020 2/2 below on 10.2.2020 and on surrender he shall be released on provisional bail to the satisfaction of the court below and in the meantime the court shall issue notice to the informant and once she appears and shows her inclination to reside with the petitioner, the provisional bail shall be extended 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 every month, so that the court may watch their conduct and once the court is satisfied with conduct of both the parties, specially the conduct of the petitioner, the court below shall confirmed the provisional bail, 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 on appearance if informant produces any document regarding performance of marriage of the petitioner with Priyanka Kumari, the court below shall cancel the provisional bail of the petitioner.

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