Sanjay Ram @ Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70194 of 2023 Arising Out of PS. Case No.-869 Year-2022 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== SANJAY RAM @ SANJAY KUMAR, aged about 30 years, Male, SON OF SRIDAYAL RAM, RESIDENT OF VILLAGE- KUSUMHARA PSSURYAPURA, DISTT- ROHTAS ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
PUJA DEVI WIFE OF SANJAY RAM @ SANJAY KUMAR, D/o Ajay Ram, at present residing at VILLAGE- MISHRAWALIYA, P.S.- DUMRAON, DISTT- BUXAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar, Advocate For the Opposite Party/s :
Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-11-2023 Heard Mr. Uday Kumar, learned counsel appearing on behalf of the petitioner and Mr. Akbar Ali, learned counsel for the State.
2. The petitioner seeks pre-arrest bail in connection with Complaint Case No.869(C) of 2022 registered for the offence(s) punishable under Sections 498A, 323 and 504 of the Indian Penal Code.
3. Allegation against the petitioner and his family members is to have tortured and assaulted the opposite party no.2 for non-fulfilment of demand of dowry.
Patna High Court CR. MISC. No.70194 of 2023(2) dt.01-11-2023 2/3
4. Learned counsel appearing on behalf of the petitioner submits that due to strained matrimonial relationship between the petitioner and opposite party no.2, who is legally wedded wife of the petitioner, the present complaint has been filed. Learned counsel further submits that he has made specific statement in paragraph no.9 of the petition that 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 APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Learned District Court is directed to issue notice to the informant / complainant to appear before the court by fixing any date of hearing, not beyond a period of six weeks, from the date of passing of this order and seek her desire, as to whether, she is willing to live along with the petitioner or not. In case, she is ready to live with the petitioner and taking into account undertaking given by the petitioner in Para-9 of the bail application 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, petitioner is directed to be released on provisional bail, in the event of his arrest or
Patna High Court CR. MISC. No.70194 of 2023(2) dt.01-11-2023 3/3 surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Complaint Case No.869(C) of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C
7. The provisional bail granted to the petitioner shall be confirmed after observing the conduct of both the parties. In case any of the parties complains before the court, then in that case, they are at liberty to avail remedy in accordance with law. In case, the parties have resolved their dispute amicably and they reside happily with each other, in that case, provisional bail granted to the petitioner shall be confirmed after a period of one year.
8. With the aforesaid observation/direction, the application stands disposed of.
(Purnendu Singh, J) Sanjay/- U T