Chandra Shekhar @ Chandra Shekhar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39792 of 2023 Arising Out of PS. Case No.-970 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Chandra Shekhar @ Chandra Shekhar Mandal son of Amrendra Mandal @ Amrendra Kumar Das Village- Radhanagar Garhbanaili PS- Kasba DistPurnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari wife of Chandra Shekhar @ Chandra Shekhar Mandal, D/oLate Gopal Mandal Mohalla- Anand Nagar Naya Tola Khushkibag PSSadar Dist- Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the parties.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No.970 of 2021, registered for the offences punishable under Sections 498(A), 494 of the Indian Penal Code and Section 4 Dowry Prohibition Act.

3. As per the complaint, dispute is with respect to strained relationship between the petitioner and the complainant, who are husband and wife respectively, due to demand of dowry and the torture.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.39792 of 2023(2) dt.28-07-2023 2/3 petitioner submits that the petitioner is innocent and he is ready to live along with the complainant. Learned counsel further submits that the petitioner has never committed any offence rather complainant is a modern woman and the petitioner can not afford her luxurious life style

5. Learned APP has submitted that it is purely family dispute between the husband and wife due to strained relationship between them and that can be resolved amicably.

6. Considering the nature of allegation made in the complaint petition as well as the fact that the petitioner is ready to live along with the complainant and the petitioner is directed to file a joint affidavit duly sworn by him and his wife (complainant), namely Puja Kumari before the learned court below within a period of six weeks and in case such joint affidavit is filed, the learned court below is directed to release the petitioner on pre-arrest bail in connection with Complaint Case No.970 of 2021 pending before the court of the leanred SDJM, Purnea, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. Interim protection is granted to the petitioner for the period of six weeks, during which period no coercive action shall be taken against the petitioner connection with Complaint

Patna High Court CR. MISC. No.39792 of 2023(2) dt.28-07-2023 3/3 Case No.970 of 2021 pending before the court of learned SDJM, Purnea.

(Purnendu Singh, J) chn/- U