Aditya Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2518 of 2022 Arising Out of PS. Case No.-21 Year-2020 Thana- PANDARAK District- Patna ====================================================== ADITYA JAISWAL S/o Om Prakash Jaiswal Resident of Mohalla- Yarpur Khagaul Road, P.S.- Gardanibagh, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Varsa Kumari W/o- Aditya Jaiswal, D/o Dinesh Kumar Resident of VillageMamarkhabad, P.S.- Pandarak, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Jha, Advocate Mr. Sushil Kumar Jha, Advocate Mr. Bam Bahadur Jha, Advocate For the Opposite Party/s :
Mrs. Mallika Majumdar, Advocate Mrs. Veena Rani Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 11.10.2021, seeks regular bail in connection with Pandarak P.S. Case No. 21 of 2020 dated 16.02.2020 registered for offences punishable under Sections 341, 323, 504, 506, 354(A), 498(A)/34 of the Indian Penal Code and 3⁄4 of the Dowry Act.
Allegation made in the FIR is under Section 498 (A) and other allied sections of the Indian Penal Code.
Patna High Court CR. MISC. No.2518 of 2022(4) dt.18-05-2022 2/3 Smt. Mallika Majumdar has tendered her appearance on behalf of the informant who has made her specific submission that informant is ready to live with her husband, who is the petitioner in the present case, if the petitioner and his entire family members named in the FIR do not indulge in any further atrocities.
Sri Gajendra Kumar Jha assisted by Sri Sushil Kumar Jha and Bam Bahadur Jha submits that the petitioner is also agree to live along with the informant, who is his wife and he will keep her with full dignity and honour and all his family members will show love and affection but due to apprehension which the petitioner had at the time of filing of the present bail application, no statement to that effect has been made on his behalf. However, in paragraph no. 22 of the bail application he has made a statement that since the informant is an arrogant lady, he is ready to tolerate her but individually. Sri Gajendra Kumar Jha submits that such statement may not be taken seriously as subsequent to filing of this bail application, parties have agreed to live together and he withdraws the statement made in paragraph no. 22 of the present bail application in course of the day.
It is submitted by both the counsels that they had
Patna High Court CR. MISC. No.2518 of 2022(4) dt.18-05-2022 3/3 taken effort and the parties have now agreed to live together on the terms and conditions agreed between them. Considering the fact that matter relates to dispute between husband and wife, who had some strained relationship for certain reasons but they are now agree to lead their matrimonial life peacefully, this Court directs the petitioner to be released on provision bail for a period of one year on such terms and conditions as fixed by the Court below. If it is found that no complaint is made by the informant, who is the wife of the petitioner within the aforesaid period, the provisional bail of the petitioner shall be made absolute.
Accordingly, the present bail application is disposed of.
(Purnendu Singh, J) Niraj/- U T