COURT OF JUDICATURE AT PATNA CRIMINAL…
Directed the court below to release the petitioner on provisional bail for nine months subject to the petitioner's execution of conditions and regular appearance before the court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14987 of 2019
Arising Out of PS. Case No.-247 Year-2018 Thana- BHAGWANPUR District- Begusarai
======================================================
MITHUN KUMAR SHARMA Son of Mahendra Sharma, Resident of Village-Sherpur, Police Station-Bhagwanpur, District-Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dinesh Maharaj For the Opposite Party/s : Mr.Rajendra Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 03-07-2019
This application, for grant of anticipatory bail, arises out of Bhagwanpur P.S. Case No. 247/2018, disclosing offences under Section 498A, 307, 504/34 of the Indian Penal Code.
Petitioner happens to be husband of the informant and allegation against him is of subjecting the informant to cruelty in connection with demand of dowry and also of badly assaulting her.
Submission of learned counsel for the petitioner is that all the allegations are false and concocted and he is still ready to keep the informant with full honour and dignity.
Heard learned A.P.P. as well as learned counsel for the informant. Learned counsel for the informant has submitted that the informant has apprehension but she is still ready to live with the petitioner, if she is kept with full honour and dignity and if she is not subjected to cruelty and assault.
Having heard both sides, considering the facts and
Patna High Court CR. MISC. No.14987 of 2019(4) dt.03-07-2019 2/2
circumstances of the case, this application is disposed of with direction to the petitioner and the informant to appear before the concerned court below on 11.07.2019 and if the petitioner files a petition that he is ready to keep the informant with himself with full honour and dignity and will not subject her to cruelty and assault and if he is willing to take the informant with himself from the court itself, the court below shall release the petitioner on provisional bail for a period of nine months to his own satisfaction and in the meantime, the court below will watch the conduct of the parties by calling the informant and petitioner in the second week of each month for a period of nine months and after nine months, if the court below is satisfied with the conduct of the parties specially the conduct of the petitioner and also their matrimonial life, he will confirm the provisional bail of the petitioner otherwise, he is free to pass any order as he deems fit and proper including cancellation of provisional bail of the petitioner.
With the above observation, this application is disposed of
(Vinod Kumar Sinha, J)
sunilkumar/-
U T
2 issues framed by the court
Whether the petitioner is entitled to provisional anticipatory bail subject to appearing before the court and maintaining conduct.
Whether the petitioner can secure release on provisional bail conditioned on the marriage being preserved with full honour and dignity.
Mithun Kumar Sharma
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
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