Sushil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82072 of 2019 Arising Out of PS. Case No.-490 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== SUSHIL KUMAR SINGH Son of Late Ram Pravesh Singh Resident of Village - Jhinkti, P.S.- Kudhani, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Swati Kumari @ Swati Singh Wife of Sushil Kumar Singh D/o- Birendra Kumar Singh, Resident of Mohalla - Mithanpura Naya Tola, Behind Binda Kothi, P.O.- Ramna, P.S.- Mithanpura, District - Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Verma For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2 through video conferencing.

The petitioner seeks anticipatory bail in connection with Kudhani P.S. Case No. 490 of 2019 registered for the offences under Section 498-A and other allied sections of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

The matter was earlier adjourned on several dates so that the matter may be referred to the Patna High Court Mediation and Conciliation Centre for mediation between the petitioner and the opposite party No. 2, but due to COVID-19

Patna High Court CR. MISC. No.82072 of 2019(10) dt.22-10-2021 2/3 pandemic, mediation process could not be initiated. In paragraph No. 8 of the bail petition, specific statement was made that the petitioner is ready to keep the opposite party no.2 with full honour and dignity. In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 01.11.2021 and, thereafter, both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., West, Muzaffarpur, in connection with Kudhani P.S. Case No. 490 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, both the parties

Patna High Court CR. MISC. No.82072 of 2019(10) dt.22-10-2021 3/3 will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail or to cancel the same in the facts of the case.

Till filling of the application by both the parties in the Court below, the interim protection granted to the petitioner vide order dated 11.12.2019 shall continue to operate. With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) Saif/- U T