Patna High CourtCR. MISC./66210/2023disposed

Virendra Prasad @ Virendra Prasad Gond v. The State Of Bihar

2023-10-18Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66210 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- MAHILA PS District- Buxar ====================================================== VIRENDRA PRASAD @ VIRENDRA PRASAD GOND Son of Shiv Kumar Prasad R/o vill - Sabitapur, P.S. - Bhanwar Kor, Distt. - Gajipur (U.P.) ... ... Petitioner/s

Versus

The State of Bihar 2.

Priyanka Kumari D/o Jay Shankar Prasad R/o Mahatma Gandhi Nagar Bazar Samiti Road, P.S. and Distt. - Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashwini Kumar Rai, Advocate.

For the State :

Mr.Parmanand Prasad, APP.

For the O.P. No.2 :

Mr. Abhishek Mishra, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-10-2023 Heard Mr. Ashwini Kumar Rai, learned counsel appearing on behalf of the petitioner; Mr. Parmanand Prasad, learned APP for the State and Mr. Abhishek Mishra, learned counsel for the opposite party no.2.

2. The petitioner seeks pre-arrest bail in connection with Mahila P.S. Case No. 24 of 2023 registered for the offence punishable under Sections 323 and 498(A)/34 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act.

3. Allegation against the petitioner is to have assaulted the opposite party no.2 for non-fulfillment of demand of dowry.

4. Learned counsel appearing on behalf of the petitioner submits that due to strained matrimonial relationship between the petitioner and the opposite party no.2, who is

Patna High Court CR. MISC. No.66210 of 2023(2) dt.18-10-2023 2/3 legally wedded wife of the petitioner, the present F.I.R. has been lodged. Learned counsel further submits that he has made specific statement in Paragraph No. 12 of the petition that the petitioner is ready to keep opposite party no.2 with full dignity and honour and he will also satisfy her physical desire and support her by meeting all her expenses.

5. Learned counsel appearing on behalf of the opposite party no.2 submits that the opposite party no.2 is ready to live along with the petitioner on the terms and conditions as he has undertaken in paragraph no. 12 of the bail application as well as has been stated in the open court on behalf of the petitioner by learned counsel.

6. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

7. Considering the nature of allegation made against the petitioner as well as the desire of opposite party no.2 to live along with the petitioner and the undertaking given on behalf of the petitioner that he is ready to keep the opposite party no.2 with full dignity and honour and he will also satisfy her all physical need and monetary requirement, I am of the opinion that the petitioner has, prima facie, made out a case to be released on pre-arrest bail provisionally.

Patna High Court CR. MISC. No.66210 of 2023(2) dt.18-10-2023 3/3

8. The petitioner, above named, is directed to be released on provisional bail for a period of three months, in the event of his surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Buxar in connection with Mahila P.S. Case No. 24 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, with further condition that during the aforesaid period, the petitioner must take all efforts to reconcile his strained matrimonial relationship and appear before the court below along with the opposite party no.2 and thereafter the court below will observe the conduct of both the parties and in case, the husband and wife do not complain in any manner, the provisional bail shall be made absolute after one year on such terms and conditions the court below deems fit and proper.

9. With the aforesaid observation/direction, the application stands disposed off.

(Purnendu Singh, J) mantreshwar/- U T