Partly allowed

Bishnu Kumar Rai @ Bishnu Kumar v. The State of Bihar and Anr.

Patna HC1 May 2019CR. MISC./4463/2019

Case brief

AI extract

What is this about?

Anticipatory bail granted to petitioner conditioned on surrendering to collect the complainant from her father's home. Petitioner must appear on affidavit of readiness to live with dignity. Provisional bail for one year requires monthly court appearances.

What did the court decide?

To surrender, take complainant from her mother's home, appear on affidavit of readiness to live with dignity and care, and file for provisional bail for one year conditional on monthly appearances.

Bishnu Kumar Rai @ Bishnu Kumar Vs The State… — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4463 of 2019

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Arising Out of PS. Case No.-1500 Year-2016 Thana- COMPLAINT CASE District- Jamui

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======================================================

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Bishnu Kumar Rai @ Bishnu Kumar, son of Late Bechan Rai, Resident of Village- Gemco, P.S.- Telco, District- East Singhbhum (Jharkhand)

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... ... Petitioner

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Versus

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The State of Bihar

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Hema Kumari, daughter of Chunchun Rawan, wife of Bihnu Kumar Rai @ Bishnu Kumar, Resident of Village- Malaypur, P.S.- Malaypur,DistrictJamui

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar For the Opposite Party/s : Mr.Awadhesh Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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4 01-05-2019

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Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1500c of 2016, lodged for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

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Allegation against the petitioner is of subjecting the complainant to cruelty with respect of demand of dowry.

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Submission of learned counsel for the petitioner is that he is still ready to keep her but she is not ready to reside with him. On the other hand, learned counsel for opposite party No.2 submits that petitioner married with another lady but in spite of that she is still ready to reside with the petitioner if she is allowed to live with dignity and care and earlier also reconciliation was failed between the parties.

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Patna High Court CR. MISC. No.4463 of 2019(4) dt.01-05-2019 2/2

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Heard learned APP also.

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Having heard both sides and in the facts and circumstances, let petitioner, above named, surrender and take the complainant from her maike and thereafter appear before the court below on 14.5.2019 and file a petition on affidavit that he is ready to keep the complainant with him with dignity and care and on filing of such petition he shall be released on provisional bail for a period of one year with condition that both the petitioner and complainant shall appear before the court in first week of every month so that the court may watch their conduct, specially the conduct of the petitioner and their marital status and opposite party No.2 has to co-operate in the matter and on being satisfied, the court shall confirm his bail bond, otherwise the court below is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner.

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With the above observation, this application is disposed

of.

spal/-

U T

(Vinod Kumar Sinha, J)

Bishnu Kumar Rai @ Bishnu Kumar v. The State of Bihar and Anr.

Case brief

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Bishnu Kumar Rai @ Bishnu Kumar v. The State of Bihar and Anr.

Case brief

What is this about?

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What the court decided

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