Ram Kripal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61681 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- MAHILA P.S. District- Sheikhpura ====================================================== Ram Kripal Kumar S/O Ramnath Mahto R/V- Mahmmadpur, P.S.- Korma, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-04-2023 Heard Mr. Bipin Kumar, learned counsel appearing on behalf of the petitioner and Mr. Jagdhar Prasad, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Sheikhpura (Mahila) P.S. Case No. 40 of 2022 registered under Sections 498(A) and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. The prosecution story, in brief, is that the Opposite Party No. was married to petitioner and after that her in-laws including the petitioner used to assault her and demand dowry.

4. Learned counsel appearing on behalf of the petitioner submits that due to strained relationship Opposite Party No. 2 who is his legal wedded wife of the petitioner has

Patna High Court CR. MISC. No.61681 of 2022(2) dt.29-04-2023 2/2 left matrimonial home on her own. Learned counsel further submits that petitioner is ready to keep Opposite Party No. 2 with full dignity and honour and will fulfill her physical and financial needs. In support of the statement he has made specific statement in paragraph no. 10 of the bail application.

5. Considering the aforesaid fact and in the nature of justice, this Court finds that the petitioner be released provisionally on pre-arrest bail so that he can lead a happy conjugal life subject to the condition that either party should not resort to any illegal act on such terms and conditions as the Court below deems it fit and proper.

6. If no complaint is found to be made by either parties for one year, the provisional bail granted to the petitioner shall be made absolute subject to the terms and conditions as laid down under Section 438(2) of the Cr.P.C. and further any condition fixed by the Court below.

7. Accordingly, the present bail application is disposed of.

(Purnendu Singh, J) minu/- U T