Sanjit Kumar @ Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63643 of 2022 Arising Out of PS. Case No.-23 Year-2021 Thana- MAHILA PS District- Buxar ====================================================== Sanjit Kumar @ Sanjeet Kumar S/O Dev Raj Singh R/O Village- Saidpur, P.S- Muffasil, District- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nitu Devi D/O Sankar Jee Singh R/O Village- Dumraun, Ward No-3, P.SDumraun, District- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Kanchan Kumari, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-05-2023 Heard Ms. Kanchan Kumari, learned counsel appearing on behalf of the petitioner and Ms. Rita Verma, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Buxar (Mahila) P.S. Case No. 23 of 2021 registered under Sections 341, 323, 504, 506, 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 as per F.I.R., for non-fulfillment of Rs. 2 lakhs as dowry petitioner along with his family members tortured Opposite Party No. 2, who is the legally wedded wife of the petitioner, which led to the filing of the present case.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is ready to live along with

Patna High Court CR. MISC. No.63643 of 2022(2) dt.16-05-2023 2/2 Opposite Party No. 2 with full dignity and honour and also fulfill her physical as well as financial needs/requirement to that effect he has made specific statement in Paragraph No. 12 of the bail application.

5. Considering the nature of allegation made against the petitioner, who is willing to live along with Opposite No. 2, the petitioner and Opposite Party No. 2 are directed to appear before the Court below by filing a joint affidavit to the effect that they are living together within six weeks, till then no coercive steps.

6. In case Opposite Party No. 2 is not willing to live along with the petitioner then the Court below is directed to call upon the Opposite Party No. 2 and try to reconcile the matrimonial dispute between the parties.

7. In case the Court below is satisfied, Opposite Party No. 2 is adamant to not to live along with the petitioner then the petitioner is directed to be released on pre-arrest bail subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) minu/nilmani U