Rajendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50092 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== RAJENDRA DAS Son of Singasan Das Resident of Village - Mauje, Ward No.20, P.S.- Raxaul, Distt.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, APP For the Informant :

Mr. Umesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has preferred this application for grant of regular bail in a case registered under sections 498A, 341, 323, 504, 506, 379 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

The petitioner is the husband of the informant. The allegation in the FIR is of torture and assault by the accused persons including the the petitioner herein and ultimately the informant was ousted from the house.

It is submitted by learned counsel for the petitioner that pursuant to the order dated 7.2.2022 passed in the instant application granting provisional bail to the petitioner, the petitioner was enlarged on bail. As directed therein, after conclusion of the sharadh ceremony of his late father, the petitioner got the informant to his

Patna High Court CR. MISC. No.50092 of 2021(3) dt.24-03-2022 2/2 house and both of them are living amicably. The petitioner undertakes to keep the informant giving her full respect and dignity to which a lady is entitled. A supplementary affidavit has also been filed on behalf of the informant which is taken on record. Learned counsel for the informant submits that the informant is living in her sasural at the petitioner's place, however, she has serious apprehensions that once the instant application is disposed of, the behaviour of the petitioner towards her may change.

Having heard learned counsel for the parties and taking into consideration the facts of the case, specially in view of the development which has taken place, the petitioner and the informant living amicably together at the petitioner's place, the provisional bail granted to the petitioner by order dated 7.2.2022 passed in the instant application in connection with Raxaul P.S. Case no. 13 of 2021 to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul at Motihari, East Champaan, is hereby confirmed. However, it is always open to the informant to move the learned court below in case the behaviour of the petitioner towards the informant is otherwise than what has been undertaken by him.