Nagendra Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34868 of 2024 Arising Out of PS. Case No.-3580 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Nagendra Pandit, Son of Sri Shivshankar Pandit Village- Musapur, PSPatepur, Dist- Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shobha Devi, Wife Of Nagendra Pandit Village- Vishunpur Mehasee, PsPeepar, Dist- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pratap Sharma For the Opposite Party/s :

Mr. Yogendra Kumar- A.P.P.

Mr. Abhishek Kumar Ms. Rashmi Jha Mr. Sharad Kumar Verma Mr. Sagar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-11-2024

1. Heard learned counsel for the petitioner, the learned counsel appearing on behalf of the opposite party no.2 and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.

3. The learned counsel for the petitioner, at the outset, submits that he has instructions not to make any submission except that he is willing to keep the opposite party no.2 with honour and dignity unconditionally, on which the learned counsel appearing on behalf of the opposite party no.2 submits

Patna High Court CR. MISC. No.34868 of 2024(5) dt.20-11-2024 2/3 that even opposite party no.2 is willing to restitute her conjugal rights, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will personally go to the parental home of the opposite party no.2 on or before 28.11.2024 to fetch her back to her matrimonial home.

4. The learned counsel appearing on behalf of the opposite party no.2 submits that if petitioner comes to the parental home of the opposite party no.2 to fetch her back to her matrimonial home, the opposite party no.2 shall accompany the petitioner without any protest.

5. Since a specific submission has been made by the learned counsel appearing on behalf of the petitioner based on instruction that petitioner is willing to keep the opposite party no.2 with honour and dignity unconditionally that amply demonstrates that petitioner will make all efforts to bring back the opposite party no.2 to her matrimonial home.

6. Considering the submissions made by the learned counsel for the parties, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.34868 of 2024(5) dt.20-11-2024 3/3 satisfaction of the learned Judicial Magistrate, 1st Class, Muzaffarpur (East) in connection with Complaint Case No.3580 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. However, the opposite party no.2 shall be at liberty to file an application seeking cancellation of anticipatory bail granted to the petitioner, in the event, if the petitioner does not go to fetch her back to her matrimonial home on or before 28.11.2024.

(Satyavrat Verma, J) vikash/- U T