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Patna High CourtCR. MISC./68443/2022disposed

Pinku Kumar @ Pinku Kr. Singh v. The State Of Bihar

2023-05-17Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68443 of 2022 Arising Out of PS. Case No.-991 Year-2021 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== PINKU KUMAR @ PINKU KR. SINGH S/O SHYAM NANDAN SINGH Resident of village- Sahejana Tower Gali, P.S.- Garhwa, P.S.- Garhwa, District- (Jharkhand).

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RANJU KUMARI W/O PINKU KUMAR SINGH, D/O MOHAN SINGH Resident of Village- Bekapur, Near Bhola Mandir in front of United Bank of India, P.S.- Kotwali, District- Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2023 Heard Mr. Ashok Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Akbar Ali, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 991 (C) of 2021, dated 06.12.2021, registered under Sections 323, 498(A), 504 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The present case relates to matrimonial dispute between the petitioner and the opposite party no. 2, who are husband and wife.

Learned Sr. Counsel appearing on behalf of the

Patna High Court CR. MISC. No.68443 of 2022(3) dt.17-05-2023 2/3 petitioner submits that taking into consideration the nature of allegation made against the petitioner as well as the fact that the petitioner has filed Matrimonial Case No. 122 of 2021, dated 16.09.2021 (Annexure-3), pending before the Court of Principal Judge, Family Court, Garhwa (Jharkhand) and same has been transferred before the Principal Judge, Munger, on the petition filed by the opposite party no. 2.

Learned counsel appearing on behalf of opposite party no. 2 submits that first wife of the petitioner has also filed complaint against the petitioner for the offence committed by him under Section 498A, 323 of the I.P.C. and Section 3/4 of the Dowry Prohibition Act. The petitioner had obtained bail on the pretext that he will keep his wife namely Priyanka Kumari with full dignity and honour. However, he deserted her and now he has also deserted and subjected the opposite party no. 2 severe cruelty, who is his second wife.

Considering the conduct of the petitioner, I am not inclined to grant pre-arrest bail to the above named petitioner. However, if the petitioner is so advised, may file joint petition with respect to settlement arrived at between the parties within a period of six weeks from today. Till then no coercive action shall be taken against the petitioner.

Patna High Court CR. MISC. No.68443 of 2022(3) dt.17-05-2023 3/3 In case of failure to arrive at any settlement, the interim protection grated by this Court by present order shall loose it force.

(Purnendu Singh, J) pravinkumar/- U