Shashi Ranjan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32891 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== Shashi Ranjan Singh, son of Late Ram Awadh Singh, R/o Village- Parsauna Madan, P.S.- Ramgarhwa, District- East Champaran (Bihar) ... ... Petitioner/s
Versus
1. The State of Bihar
2. Minu Devi, aged about 35 years, W/o Shashi Ranjan Singh, R/o VillageParsauna Madan, P.S.- Ramgarhwa, District- East Champaran (Bihar), permanent address - D/o Shri Umesh Singh, Village + P.O. - Mahuawa, P.S.- Pipra, District - Motihari, East Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satyendra Kumar Jha, Advocate.
Mr. Kumar Shubham, Advocate.
For the State :
Mr.Dinesh Singh, APP.
For the Informant :
Mr. Vijay Shankar Shrivastava, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-03-2023 Heard Mr. Satyendra Kumar Jha, learned counsel assisted by Mr. Kumar Shubham, learned counsel appearing on behalf of the petitioner, Mr. Dinesh Singh, learned A.P.P. for the State and Mr. Vijay Shankar Shrivastava, learned counsel for the informant.
2. The petitioner apprehends his arrest in connection with Ramgarhwa P.S. Case no. 40 of 2022, registered under Sections 498A, 341, 323, 307, 504 and 379/34 of the Indian Penal Code.
3. Learned counsel appearing on behalf of the petitioner submitted that he has received instruction from the petitioner that he is ready to live along with the Opposite Party No.2, who is legally wedded wife of the petitioner and will not
Patna High Court CR. MISC. No.32891 of 2022(3) dt.21-03-2023 2/3 assault her or make any demand of dowry.
4. Learned counsel appearing on behalf of the informant/Opposite Party No.2 submitted that the Opposite Party No.2 is also ready to live along with the petitioner.
5. Considering the submission made on behalf of the respective parties, it would be proper in the interest of justice to give opportunity to reconcile the strained relationship between the parties. The petitioner has agreed to live along with his wife - Opposite Party No.2 and Opposite Party No.2 is also willing to allow the petitioner to reside along with her. This Court is of the opinion that prima facie the petitioner has made out a case to be released on provisional bail.
6. Let the above named petitioner, be released on provisional bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul, East Champaran in connection with Ramgarhwa P.S. Case No. 40 of 2022, subject to the condition that the petitioner and Opposite Party No.2, who are husband and wife, will try to resolve their matrimonial dispute amicably. If no complaint is made by the either party, the provisional bail
Patna High Court CR. MISC. No.32891 of 2022(3) dt.21-03-2023 3/3 granted to the petitioner shall be made absolute after completion of a period of one year on such terms and conditions as the court below deem it fit and proper.
7. It is made clear that during the aforesaid period, the petitioner must take all due care of the opposite party no.2. Further, he must not inflict any assault or demand in dowry. Petitioner must take care of daily needs of the opposite party no.2 and must satisfy both financial and physical needs. The parents of opposite party must not restrain the petitioner from residing in their house so that parties should be able to reconcile their matrimonial dispute.
8. The Opposite Party No.2 and the petitioner are directed to appear before the learned S.D.J.M. Raxaul, East Champaran on 28.03.2022. It is expected from the learned S.D.J.M., Raxaul, East Champaran that he will try to reconcile the strained matrimonial relationship between the husband and wife.
9. With the above observations and directions the present bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U