Dipak Kumar @ Niraj Deep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59343 of 2022 Arising Out of PS. Case No.-295 Year-2021 Thana- TEKARI District- Gaya ====================================================== Dipak Kumar @ Niraj Deep Kumar S/O Ramashish Yadav, Resident Of Village- Chandauti, P.S.- Rampur, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mamta Kumari D/O Late Kapil Dev Yadav, Resident Of Village- Belahiya, P.S.- Tekari, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar, Advocate For the Informant :

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

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the parties.

2. The petitioner seeks pre-arrest bail in connection with Tekari P.S.Case No.295 of 2021 registered for the offences punishable under Sections 341, 323, 504, 506, 494, 498A, 34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

3. Both the parties have jointly informed this Court that the reconciliation proceeding is going on between the parties with the intervention of their close relatives and friends to short out their disputes.

4. Considering the aforesaid development and the petitioner and the Opposite Party no.2 being husband and wife,

Patna High Court CR. MISC. No.59343 of 2022(3) dt.29-04-2023 2/3 this Court is of the opinion that they must maintain the sanctity of the marriage and live happy married life, for which already the reconciliation between the parties have started to restore disputes amicably.

5. Considering the nature of allegation and the fact that the petitioner and the opposite party no.2, who have strained relationship, are now ready to reconcile with the intervention of their close relatives. In the interest of couple, who are ready to mutually settle the disputes, the petitioner is directed to be released on pre-arrest bail provisionally in connection with Tekari P.S.Case No.295/2021 pending before the J.M. Ist Class, Gaya on such terms and conditions as laid down under Section 438(2) of the Cr.P.C. and the court below deems it fit and proper.

6. The learned court below shall watch the conduct of the petitioner for one year that the petitioner is leading a happy matrimonial life with the O.P. No.2. On being satisfied with the conduct of the petitioner and no any complaint is made by the O.P.No.2, the provisional bail of the petitioner is directed to be confirmed on such terms and conditions under Section 438(2) of the Code of Criminal Procedure and other conditions as the court below deems fit and proper.

Patna High Court CR. MISC. No.59343 of 2022(3) dt.29-04-2023 3/3

7. Accordingly, the bail application stands disposed of.

(Purnendu Singh, J) chn/- U