Dhiraj Sharma @ Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 23805 of 2020 Arising Out of PS. Case No.-1500 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== DHIRAJ SHARMA @ DHIRAJ KUMAR Son of Binda Singh Resident of Village - Neuri, P.S.- Bihta, District - Patna at present H. No- D-728, Madipur, P.S.- Punjabi Bagh, New Delhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Runjhun Kumari Wife of Dhiraj Sharma @ Dhiraj Kumar Resident of Village - Neuri, P.S.- Bihta, District - Patna at present vill- Sarasat, P.S.- Naubatpur, District - Patna ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr Samrendra Kumar Jha, Advocate For the Opposite Party/s :

Mr Kr Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 09-10-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in connection with Complaint Case No 1500 (C) of 2019, instituted for the offence punishable under Section 323, 341, 313, 498A of Indian Penal Code (for brevity, IPC).

Petitioner's counsel submits that being husband,

Patna High Court CR. MISC. No.23805 of 2020(2) dt.09-10-2020 2/2 petitioner is willing to keep the Complainant along with him and ensure restoration of matrimonial harmony. It is submitted that the case under Sections 323, 341, 313, 498A of IPC has been lodged merely on the basis of some domestic misunderstanding. The petitioner, in the circumstances, may surrender before the Court below within four weeks from today. If the petitioner surrenders in the Court of Judicial Magistrate, 02nd Class, Danapur, Patna in connection with Complaint Case No 1500 (C) of 2019, he may be allowed the benefit of provisional bail for a period of three months so that an amicable resolution of the dispute is arrived at, where after the Court below may confirm the provisional bail. In the event, issue is not resolved between the petitioner and complainant within three months' period, it is needless to say that the Court below would be at liberty to exercise its judicial discretion to pass orders in the matter, which include cancellation of bail.

This application stands disposed of in the above noted terms.

(Madhuresh Prasad, J) M.E.H./- U T