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Patna High CourtCR. MISC./83434/2019disposed

Hare Ram Kumar v. The State Of Bihar

2020-01-21Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83434 of 2019 Arising Out of PS. Case No.-722 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== HARE RAM KUMAR, Son of Maheshwar Sharma Resident of VillageShikarganj, Pokhari Dayal, P.S.-Shikarganj, District-Motihari, Bihar at present House No. A-12, Room No.21, Christian Colony Paptel Chest, P.S.-Mornish Nagar, Delhi University Uttari Delhi-110007.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Pooja Kumari Wife of Hare Ram Kumar Resident of Village-Shikarganj, Pokhari Dayal, P.S.-Shikarganj, District-Motihari, Bihar Mob. No.9205661956, At present Late Niranjan Kumar Singh, Resident of Village-Kapashiya, Nagdah, Ward No.13, P.S-Nagar, District-Begusarai851117. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar Sinha For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-01-2020 This is an application for grant of anticipatory bail in connection with Complaint Case No. 722 of 2019, disclosing offences under Sections 498A, 312, 323, 406, 307 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

Petitioner happens to be the husband of the complainant and there is allegation of demand of four wheeler and for that, subjecting her to cruelty and harassment. Submission of learned counsel for the petitioner is that the allegation is false and concocted. He is still ready to keep her with dignity and care.

Patna High Court CR. MISC. No.83434 of 2019(2) dt.21-01-2020 2/3 Heard learned APP also.

Having heard both sides, in view of the submissions made above, this application is disposed of with a direction to the petitioner, above named, to surrender before the learned court below on 03.02.2020, on surrender, he will be released on provisional bail to the satisfaction of the learned court below. During that period, the court below shall issue a notice to the opposite party no.2 and on her appearance and shows her desire to reside with the petitioner, the petitioner has to keep her with dignity and care and take her from the court itself and on that, the provisional bail granted to the petitioner shall be extended for further a period of six months.

During that period, both the parties shall appear before the learned court below in the third week of each month, so that the court below shall watch the marital relationship and conduct of both the parties. Once being satisfied with the conduct of both the parties, especially, the conduct of the petitioner, the court below shall confirm the bail bonds of the petitioner, otherwise, he is free to pass any other order or orders, which may deem fit and proper, including cancelling the bail bonds of the petitioner.

It is also made clear that if the opposite party no.2 does not chose to appear on notice, or she is not ready to reside

Patna High Court CR. MISC. No.83434 of 2019(2) dt.21-01-2020 3/3 with the petitioner without showing any genuine reason, the bail bonds of the petitioner shall be confirmed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T