Patna High CourtCR. MISC./30163/2022disposed

Rupesh Ranjan v. The State Of Bihar

2023-04-24Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30163 of 2022 Arising Out of PS. Case No.-465 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rupesh Ranjan Son of Shyam Chandra Mishra Resident of Village - Kachhua, P.O.- Chakauti, P.S.- Jalley, Dist.- Darbhanga (Bihar) ... ... Petitioner/s

Versus

The State of Bihar 2.

Lovely Kumari Wife of Rupesh Ranjan D/o Jay Prakash Sharma @ Ved Prakash Sharma, Of Village - Bihta, P.S.- Bihta, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-04-2023 Heard Mr. Mithlesh Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Nityanand, learned APP appearing on behalf of the State.

2. The petitioner seeks anticipatory bail in connection with Complaint Case No. 465(C) of 2020 registered under Sections 323, 498(A) of the Indian Penal Code.

3. The prosecution story, in brief, is that the complainant was married with the petitioner and after that her in-laws started demanding dowry worth Rs. 10 lakhs and for non-fulfillment of the same, the complainant (opposite party no.

2) was subjected to torture.

4. The Mediator has submitted report from which it appears that massive effort has been taken in proceeding of

Patna High Court CR. MISC. No.30163 of 2022(6) dt.24-04-2023 2/3 mediation to settle the dispute between the parties but the Opposite Party No. 2 is not ready to live along with the petitioner and ultimately Mediation has failed.

5. Learned counsel appearing on behalf of the petitioner informs this Court that petitioner is ready to keep the opposite party no. 2, who is his legally wedded wife, with full dignity and honour and he will fulfill all the physical as well as financial requirement of the opposite party no. 2.

6. Learned counsel appearing on behalf of the opposite party no. 2 informs that the opposite party no. 2 may consider to live along with the petitioner.

7. Considering the aforesaid fact and in the interest of justice, this Court finds that the petitioner be released provisionally on pre-arrest bail so that he can lead a happy conjugal life subject to the condition that either party should not resort to any illegal act. The petitioner is directed to be released provisionally on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-I, Danapur, Patna in connection with Complaint Case No. 465(C) of 2020, on such terms and

Patna High Court CR. MISC. No.30163 of 2022(6) dt.24-04-2023 3/3 conditions as the court below deems it fit and proper.

8. If no complaint is found to be made by either parties for one year, the provisional bail granted to the petitioner shall be made absolute subject to the terms and conditions as laid down under Section 438(2) of the Cr.P.C. and further any condition fixed by the Court below.

9. Accordingly, the present bail application is disposed of.

(Purnendu Singh, J) minu/- U T