Rahul Tiwari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79755 of 2018 Arising Out of PS. Case No.-347 Year-2017 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Rahul Tiwari son of Birendra Tiwari, resident of Village - Dadreji math, P.O. - Tankuppa, P.s. - Koach, Distt.- Gaya.

... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Puja Devi D/o Sanjay Tiwari, resident of village - madhurampur Akaurhi Gola, P.o.P.s. - Akaurhi Gola, Distt.- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.347 of 2017 registered for offences punishable under Sections 498(A)/34 of the Indian Penal Code. Case is under Section 498(A) of the IPC with allegation of demand of dowry and for that subjected the complainant (wife) to torture.

Submission of the learned counsel for the petitioner is that the allegation is false and concocted. As a matter of fact he is still ready to keep her with dignity and care. It appears that on appearance of the O.P.no2, the matter was referred to the Mediation Centre also.

Patna High Court CR. MISC. No.79755 of 2018(14) dt.12-12-2019 2/3 Heard learned A.P.P. and the learned counsel for the O.P.no.2 who has also shown her desire to reside with the petitioner, if he she is allowed to live with dignity and care. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender on 7.1.2020 and on that day O.P.no.2 shall also remain present in the court below and on appearance of both the parties and on filing of the affidavit by the petitioner that he will take her from the court below itself and will keep her with dignity and care, the provisional bail granted to the petitioner vide order dated 28.1.

2019 shall be extended for a period of six months and during that period, both the parties have to appear before the learned court below so that the learned court below may watch the conduct and matrimonial relationship between the parties and once being satisfied with the conduct of both the parties and their matrimonial relationship especially the conduct of the petitioner, he will confirm the provisional bail granted to the petitioner otherwise the learned court below is free to pass any other order or orders as he deems fit and proper including cancelling the bail bond of the petitioner.

It is needless to say that if O.P.no.2 is not ready to reside with the petitioner, the provisional bail granted to the

Patna High Court CR. MISC. No.79755 of 2018(14) dt.12-12-2019 3/3 petitioner by this Court shall be confirmed. With the aforesaid direction, this application is disposed of.

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