← Library
Patna High CourtCR. MISC./319/2021disposed

Raju Kumar @ Roju Manjhi v. The State Of Bihar

2021-06-23Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.319 of 2021 Arising Out of PS. Case No.-1762 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ============================================== Raju Kumar @ Roju Manjhi Son of Srichand Manjhi Resident of Village - Manikpur, P.S. - Tankuppa, District- Gaya.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sarita Kumar @ Sarita Devi Daughter of Brju Manjhi @ Birju Manjhi Wife of Raju Manjhi, Resident of Village - Manikpur, P.S. -Tankuppa, District- Gaya.

... ... Opposite Party/s ============================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kr. Sinha For the Opposite Party/s :

Mr. Anand Kishore Chaudhary ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-06-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1762/2017 in which cognizance has been taken under Section 3 /4 of the Dowry Prohibition Act.

At the outset, learned counsel for the petitioner has submitted that he is not averse to the talks of

Patna High Court CR. MISC. No.319 of 2021(2) dt.23-06-2021 2/3 settlement with his wife/opposite party No. 2, provided she is agreeable for the same. He also wants a rapprochement and perhaps restitution of conjugal rights.

Considering the aforesaid stand of the petitioner, this Court directs that if he surrenders before the Court below within a period of eight weeks from today, he shall be released on provisional bail. While granting provisional bail to the petitioner, his wife (opposite party No. 2) shall be noticed and on her appearance, the Court below shall explore the possibilities of settlement between the spouses. In case, the settlement is arrived at, the Court below shall fix the modality of the return of opposite party No. 2 to her matrimonial home.

The provisional bail of the petitioner shall be confirmed only on settlement of dispute between the parties or in the event of the opposite party No. 2 deliberately choosing not to settle the dispute without any appropriate cause.

If the conduct of the petitioner is found to be genuine, his provisional bail shall be confirmed by the Court

Patna High Court CR. MISC. No.319 of 2021(2) dt.23-06-2021 3/3 below.

With the aforesaid observation/direction, the application stands disposed of.

(Ashutosh Kumar, J) sunilkumar/- U T