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Patna High CourtCR. MISC./76992/2019disposed

Deepak Singh v. The State Of Bihar

2020-01-20Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76992 of 2019 Arising Out of PS. Case No.-496 Year-2018 Thana- GHORASAHAN District- East Champaran ====================================================== DEEPAK SINGH S/o Vinod Singh R/o village- Parariya, P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Ms.Renu Kumari For the Informant : Mr. Kundan Rathore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Ghorasahan P. S. Case No. 496 of 2018 registered for the offences punishable under Sections 341, 323, 498A/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 Rs.1 lac and motorcycle from the informant and for that he assaulted her and tortured her.

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 and that stand he

Patna High Court CR. MISC. No.76992 of 2019(2) dt.20-01-2020 2/3 has taken before learned Sessions Judge also but the same has not been considered and no injury report is available on the record.

On the other hand, learned counsel for the informant has opposed the prayer for anticipatory bail, however submitted that informant is ready to reside with the petitioner if she is allowed to live with dignity and care and not subjected her to cruelty and assault. 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 below on 27.1.2020, on that day informant shall also remain present in the court and on filing of an affidavit by the petitioner that he is ready to take her from the court itself and keep her with dignity and care, he shall be released on provisional bail by the court below for a 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

Patna High Court CR. MISC. No.76992 of 2019(2) dt.20-01-2020 3/3 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 on appearance of informant if she is not ready to reside with the petitioner, learned court below shall release the petitioner on bail to its own satisfaction.

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