Ajay Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86942 of 2019 Arising Out of PS. Case No.-911 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Ajay Dubey Son of Shri Amarnath Dubey Resident of Village - Kitadih, Gwalapatti, P.S.- Parsudih, Distt.- East Singbhum (Jharkhand). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Poonam Dubey W/o Ajay Dubey , D/o Late Harendra Pandey Resident of Village - Jafra, P.S.- Siwan (Muffasil), Distt.- Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-10-2020 Heard Mr. Shailendra Kumar, learned counsel for the petitioner, Mr. Vijay Prakash Singh for the complainant/Opposite Party No. 2 and Mr. Surendra Prasad Singh for the State.

The petitioner, who is the husband of Opposite Party No. 2, seeks bail in anticipation of his arrest in connection with Complaint Case No. 911 of 2018 in which cognizance has been taken under Sections 498(A), 323, 307 and 406 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Learned counsel for the petitioner at the outset submitted that the petitioner is ready to restore the matrimonial life provided the Opposite Party No. 2 is agreeable for the same.

Patna High Court CR. MISC. No.86942 of 2019(6) dt.07-10-2020 2/3 Learned counsel appearing for the Opposite Party No. 2 has also expressed the desire of Opposite Party No. 2 to settle the differences and get back to the matrimonial fold.

In this view of the matter, it is expected that the relationship between the spouses would be restored. Considering the aforesaid submissions on behalf of the parties, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Siwan in connection with Complaint Case No. 911 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. The petitioner shall make positive efforts of bringing back of Opposite Party No. 2 to her matrimonial home and keep her with all dignity to which she is entitled. In case it is found that the petitioner is floundering in bringing back the complainant/Opposite Party No. 2 to her matrimonial home or is not treating her properly, it would be open for the complainant/Opposite Party No. 2 to file an application

Patna High Court CR. MISC. No.86942 of 2019(6) dt.07-10-2020 3/3 before the court below for cancellation of the bail of the petitioner.

The petition stands disposed of accordingly.

(Ashutosh Kumar, J) krishna/- U T