Prem Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39321 of 2019 Arising Out of PS. Case No.-1255 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== PREM RANJAN S/o Mathura Prasad R/o Mohalla- Sakari Gali, Allabhakshpur, P.O.- Gulzarbag, P.S.- Alamganj, Distt.- Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rakhi Sinha W/o Prem Ranjan, D/o Late Jagat Nandan Prasad At present residing at Mohalla- Parwati Niwas, Kadam Kuan, P.O. and P.S.- Kadam Kuan, District- Patna- 800003 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 498(A) of the Indian Penal Code and Section 4 of the D.P. Act registered in connection with Complaint Case No. 1255(c) of 2018.

3. It is submitted that the petitioner has been falsely implicated in a complaint case filed on 27.03.2018 about six months after he filed for divorce in Matrimonial Case No. 1005(M) of 2017. It is submitted that in any event this is the first complaint of its nature since the parties were married more than six years ago on 13.07.2013. It is submitted that attempts of reconciliation in course of mediation has also failed. The OP No. 2 has filed for maintenance under Section 24 of the Hindu Marriage Act, which is pending. The petitioner claims clean antecedents.

4. Learned counsel for the complainant-opposite party no. 2 appears and has been heard. She expresses her willingness to live with the petitioner and submits that the petitioner refused to resolve the

Patna High Court CR. MISC. No.39321 of 2019(5) dt.16-11-2019 2/2 differences during mediation.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Patna in connection with Complaint Case No. 1255(c) of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T