Jayant Kumar Dey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53318 of 2024 Arising Out of PS. Case No.-7783 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Jayant Kumar Dey Son Of Late Pit Basant Dey Resident Of Gopalpur, P.O.- Murarai, P.S.-Murarai, District-Virbhum, West Bengal, Permanent Resident Of Mohalla-Omkara Apartment, 5th Floor, Rampur Hatt, Near Reailway Gate, P.O- Rampur Hatt, P.S.-Rampur Hatt, District-Virbhum, West Bengal. ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Nivedita Roy (Dey) D/O Shri Shiv Charan Roy W/O Shri Jayant Kumar (Dey) At Present Mohalla- New Jaganpura Tridev Mandir Dev Path Gali, No. 3, C/O House Owner Amlesh Kumar, P.O.- Dhelwan, P.S.- Ramkrishna Nagar, Dist.- Patna. And Permanent R/O Mohalla- Chhoti Keshopur, P.O. And P.S.- Jamalpur, Dist.- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Ranjan For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. 7783 (C) of 2023 instituted for the offence under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. As per allegation in the FIR, it is a case of matrimonial dispute. Petitioner snatched the belongings of his wife and ousted her. Complainant is residing at her maika with

Patna High Court CR. MISC. No.53318 of 2024(5) dt.04-03-2025 2/3 her two daughters.

4. Earlier vide order dated 26.10.2024, this matter was referred to Patna High Court Mediation Center for settlement of matrimonial dispute between the parties.

5. After successful mediation, Mediator sent a report, which is kept at flag 'M' from which it appears that dispute between the parties has been resolved through the process of mediation and they mutually agreed to live together happily with their two daughters.

6. Learned counsel appearing for both the parties have submitted that petitioner and opposite party no. 2 are living together as husband and wife.

7. In para 3 of Memorandum of Agreement, both the parties are agreed upon that any case filed against each other shall be withdraw by each of the party.

8. Having heard learned counsel for the parties and in view of Memorandum of Agreement between the parties mentioned in Mediation Proceeding No. 1743 of 2024, this Court is inclined to enlarge the petitioner on provisional bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 7783 (C) of

Patna High Court CR. MISC. No.53318 of 2024(5) dt.04-03-2025 3/3 2023 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.

9. Accordingly, this application stands disposed off.

10. Trial Court is directed to confirm the provisional bail granted to the petitioner after verifying the terms and conditions mentioned in Memorandum of Agreement and also verifying the withdrawal of all the pending cases against each other.

(S. B. Pd. Singh, J) sushma/- U