Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.922 of 2020 Arising Out of PS. Case No.-681 Year-2018 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== AMIT KUMAR Son of Sri Niwas Prasad Yadav @ Niwas Kumar Yadav Resident of Village - Chandheri, P.S.- Sabour, Distt - Bhagalpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Shiv Rani Kumari Wife of Amit Kumar, D/o Banke Bihari Yadav, Resident of Village - Phool Hat, P.S.- Naya Ram Nagar, Distt - Munger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-10-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant. The petitioner seeks anticipatory bail in connection with Complaint Case No. 681C/2018 registered for the offences under Section 498-A/323/504 and other allied sections of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

The matter was earlier adjourned so that the matter may be referred to the Patna High Court Mediation and Conciliation Centre for mediation between the petitioner and the Complainant, but due to COVID-19 pandemic, mediation process could not be initiated.

Patna High Court CR. MISC. No.922 of 2020(4) dt.29-10-2021 2/3 Learned counsel for the petitioner submits that the petitioner is ready to keep his wife with full honour and dignity. In such view of the matter, the petitioner is directed to visit his Sasural and take the complainant with him before 05.11.2021 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 the complainant 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., Munger, in connection with Complaint Case No. 681C/2018, 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 will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter

Patna High Court CR. MISC. No.922 of 2020(4) dt.29-10-2021 3/3 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 26.02.2020 shall continue to operate. With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) Saif/- U T