Shivnath @ Shivnath Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2061 of 2019 Arising Out of PS. Case No.-1688 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Shivnath @ Shivnath Kumar, Son of Doman Mistry, Resident of Village - Kurthaul Parshuram Chak, P.S. - Parsa Bazar, District - Patna. ... ... Petitioner/s

Versus

State Of Bihar Gauri Kumari @ Gauri Devi, Wife of Shivnath @ Shivnath Kumar, Daughter of Sri Ram Narayan Mistri @ Shyam Narayan Mistri, at present residing in her naiher at Mohalla - Postal Park, Road No. 3, P.S. - Jakkanpur, District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2019 This application, for grant of anticipatory bail, arises out of Complain Case No. 1688/2017, disclosing offences under Sections 406, 498(A), 384, 379/34 of the Indian Penal Code. Petitioner happens to be husband of the complainant and allegation against him is of subjecting the informant to cruelty in connection with demand of dowry.

Submission of learned counsel for the petitioner is that he is always ready to keep the complainant with himself with full honour and dignity as a wife and petitioner has already filed a case for restitution of conjugal rights under Section 9 of the Hindu Marriage Act and it is the complainant, who does not want to live with the petitioner for which, this false and

Patna High Court Cr.Misc. No.2061 of 2019(2) dt.16-01-2019 2/2 concocted case has been lodged.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender in the court below within a period of six weeks and on his surrender, the court below shall release the petitioner on provisional bail for a period of two months to his own satisfaction and in the meantime, the court below will notice the complainant and petitioner and on appearance of the parties, the court below will found out as to whether, the petitioner is ready to keep the complainant with himself or not and it is found that there is no fault on the part of the petitioner, the court below will confirm the provisional bail of the petitioner otherwise, he is free to pass any order as he deems fit and proper (Vinod Kumar Sinha, J) sunilkumar/- U T