Govind Kumar @ Govind Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25142 of 2024 Arising Out of PS. Case No.-1131 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Govind Kumar @ Govind Kumar Choudhary (M), aged about 26 years, son of Shiv Janam Choudhary, R/o- JogiyaTola Po Ps- Phulwari Sharif Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shweta Kumari, wife of Govind Kumar @ Govind Kumar Choudhary, D/oKaran Chaudhary R/o- Jhigjigri Bagh PS & PO- Damhaari Ghat PSMalsalami Dist- Patna City Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saket Anand, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP For O.P. No.2 :

Mr. Awadhesh Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-11-2024 Heard Mr. Saket Anand, learned counsel appearing on behalf of the petitioner; Mr. Mr.Sanjay Kumar Pandey, learned APP for the State and Mr. Awadhesh Kumar Mishra, learned counsel for O.P. No.2.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1131(C) of 2022 registered for the offence(s) punishable under Sections 498A of the Indian Penal Code.

3. Matter relates to matrimonial dispute between the petitioner and O.P. No.2 and for settlement of the same, the parties had agreed that they will resolve the dispute through

Patna High Court CR. MISC. No.25142 of 2024(5) dt.20-11-2024 2/3 process of mediation. Accordingly, the matter was sent before the learned Mediator of the Mediation Centre of this Court. It has been reported by the learned Mediator that in spite of best and sincere effort, the dispute between the parties could not be settled through the process of mediation. Now the petitioner seeks to be released on pre-arrest bail, which has been opposed by Mr. Awadhesh Kumar Mishra, learned counsel who has tendered his appearance on behalf of the O.P. No.2.

4. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

5. Considering the nature of allegation made in the complaint and also the fact that the parties have remedy before the competent family court for redressal of their dispute, as both have agreed not to live with each other, I don't find any reason not to grant pre-arrest bail to the petitioner and, as such, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna City in connection with Complaint Case No. 1131(C) of 2022, subject

Patna High Court CR. MISC. No.25142 of 2024(5) dt.20-11-2024 3/3 to the conditions as laid down under Section 438(2) of the Cr.P.C.

6. It is made clear that the petitioner must not refrain in any manner to settle the dispute before the learned District Court.

(Purnendu Singh, J) Sanjay/- U T