Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3983 of 2022 Arising Out of PS. Case No.-27 Year-2020 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== DHIRAJ KUMAR, son of Chhathu Sah, resident of village-Jagdishpur, P.S.- Jagdishpur, District-Bhojpur.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Priyanka Kumari, w/o Dhiraj Kumar, resident of village-jagdishpur, Ward No.13, P.S.-Jagdishpur, District-Bhojpur, at present resident of villageNasriganj, Ward No.07, P.S.-Nasariganj, District-Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Upadhyay, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP For O.P. No.2 :

Mr. Chandra Kant, Advocate Mr. Lallan Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-04-2023 Heard Mr. Nagendra Upadhyay, learned Counsel for the petitioner, Mr. Dr. Kumar Uday Pratap, learned Additional Public Prosecutor for the State and Mr. Chandra Kant, learned counsel appearing on behalf of Opposite Party No.2.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 27 of 2020, for the offences punishable under Section 498(A) of Indian Penal Code.

3. Learned counsel appearing on behalf of the petitioner informs this Court that the petitioner is ready to keep Opposite Party No.2 who is legally wedded wife with dignity and honour. The O.P. No.2 is also willing to lead happy

Patna High Court CR. MISC. No.3983 of 2022(5) dt.18-04-2023 2/2 matrimonial life with the petitioner.

4. Considering the aforesaid statement of the petitioner, the petitioner is directed to be released on provisional bail. The Court below is directed to take steps to reconcile the strained relationship between the petitioner and Opposite Party No.2. If the parties live together, the Court is further required to observe well being of the parties for husband and wife for a further period of one year and within that period, if no compliant is made by Opposite Party No.2, the provisional bail granted to the petitioner is directed to be made absolute subject to the conditions as contained under Section 438 (2) of the Code of Criminal Procedure and with a further condition that if the statement made in paragraph No.3 of the present bail application with respect to the criminal antecedent of the petitioner is found to be incorrect, this order will automatically will loos its force.

5. Accordingly, the bail application stands disposed of.

(Purnendu Singh, J) sanjeev/- U T