Kritya Nand Vidyarthi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 67341 of 2022 Arising Out of PS. Case No.-29 Year-2021 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Kritya Nand Vidyarthi S/o Bishundeo Thakur R/o Village- Latipur, P.S.- Bihpur, Distt- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abdul Wadood, Advocate For the Opposite Party/s :
Mr.Kanhaiya Kishore (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Industrial Area P.S.Case No.29 of 2021 being G.R.No.641 of 2021, registered for the offences punishable under Sections 341, 323, 498(A)/34 of the Indian Penal Code and Sections 3⁄4 of the Indian Dowry Act.
3. Prosecution story, in brief, is that the informant Juhi got married with petitioner on 19.04.2017. After marriage, petitioner and her in-laws started demanding Rs.02 lac cash and two bigha land from her as dowry and on non-fulfilment thereof accused persons including petitioner tortured her physically and mentally in various manner. The accused persons also threatened her if she would not fulfil their demand, they would
Patna High Court CR. MISC. No. 67341 of 2022(3) dt.17-05-2023 2/3 solemnize the second marriage of petitioner and ultimately ousted the informant from her matrimonial house.
4. The learned counsel appearing on behalf of the petitioner submits that the petitioner is ready to keep his wife with full dignity and honour.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions of the parties as well as the allegation made in the FIR against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail, however, the petitioner, if so advised, may file regular bail application before the learned court below within a period of six weeks from today. Till then no coercive steps shall be taken against the petitioner in connection with Industrial Area P.S.Case No.29/2021, G.R.No.641 of 2021.
7. If the regular bail application is not filed within the aforesaid period, the interim protection granted to the petitioner shall loose its force.
8. In the meantime, the learned court below is directed to call for both the parties and if it is found that the parties are willing to resolve their dispute, the court below is directed to intervene between the parties in reconciliation proceeding.
Patna High Court CR. MISC. No. 67341 of 2022(3) dt.17-05-2023 3/3
9. Accordingly, the present bail application stands disposed of.
(Purnendu Singh, J) chn/- U