Birendra Kumar Yadav @ Birendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37031 of 2022 Arising Out of PS. Case No.-123 Year-2021 Thana- JHAJHA District- Jamui ====================================================== Birendra Kumar Yadav @ Birendra Yadav Son Of Shobhan Yadav R/O- VillBalio, P.S.- Jhajha, Dist.-Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-03-2023 Heard Mr. Amrendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Umanath Mishra, learned APP appearing on behalf of State.
2. The petitioner seeks pre-arrest bail in connection with Jhajha P.S. No. 123 of 2021 registered under Section 341, 323, 308, 498(A), 34 of the Indian Penal Code.
3. The prosecution story, in brief, is that petitioner was married to Opposite Party No. 2 and after marriage the petitioner started demanding dowry of Rs. 2 lakhs and for nonfulfillment of the said demand the petitioner started assaulting the Opposite Party No. 2.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner has made a specific statement in Paragraph No. 14 of the bail application that
Patna High Court CR. MISC. No.37031 of 2022(5) dt.16-03-2023 2/3 petitioner is ready to keep Opposite Party No. 2 with full dignity and honour. Learned counsel further submitted that the petitioner is also ready to support Opposite Party No. 2 both financially and physically.
5. Mr. Umanath Mishra, learned APP for the State has submitted that it seems that the party due to strain relationship are having some grudge which has lead to the filing of the present complaint petition.
6. Considering the nature of allegation, it appears to this Court that petitioner is ready to keep Opposite Party No. 2 with full dignity and honour and is also ready to support her financially, an opportunity be given to the petitioner to reconcile the matrimonial strain between the parties. It would be in the interest of justice to give some time to the couple to reconcile their matrimonial dispute and lead a happy married life. Prime facie, it appears to this Court that petitioner has made out a case to be released on pre-arrest bail. The petitioner is directed to be released on pre-arrest bail with a condition that parties may strive to reconcile their matrimonial dispute, in case, the Court below finds that it would be proper to refer the matter to the Mediation Centre the same be done after a period of one year. If either side do not make any complaint and they lead their
Patna High Court CR. MISC. No.37031 of 2022(5) dt.16-03-2023 3/3 matrimonial life happily, then the pre-arrest bail granted to the petitioner must be made absolute on such terms and conditions as the Court below deem to be fit and proper.
7. Court below is directed to release the petitioner on pre-arrest 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 CJM, Jamui in connection with Jhajha P.S. Case No. 123 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Purnendu Singh, J) minu/- U