Ravi Prakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74855 of 2023 Arising Out of PS. Case No.-795 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Ravi Prakash S/O- Prakash Nandan Mahto, Village- Bajrangpuri Argara Chowk Ps- K.Hat Dist- Purnea ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shwetam wife of Ravi Prakash, D/o- Sarjendra Kumar R/o- Shivdhampuri Manjhali Chowk Madhubani Ps- K.Hat (Top Madhubani)Dist- Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Bidhu Ranjan For the Opposite Party/s :
Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2024
1. Heard learned Senior counsel for the petitioner Mr. N.K. Agrawal and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No.2.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498(A)/34 of the Indian Penal Code and Sections 3⁄4 D.P. Act.
3. Learned counsel for the parties jointly submitted that the case was referred for mediation but then the mediation failed.
4. The learned Senior counsel appearing on behalf of the petitioner submits that petitioner is still willing to keep the O.P. No.2 with honour and dignity. It is also submitted that from
Patna High Court CR. MISC. No.74855 of 2023(5) dt.11-07-2024 2/3 perusal of the allegation, as alleged in the complaint, it would manifest that the allegations are not such, which would even remotely suggest that the O.P. No.2 was being tortured and abused badly. It is further submitted that normal wear and tear of life has been exaggerated in the instant complaint case by way of allegation. It is also submitted that petitioner is a bank manager working with Union Bank of India and has also filed an application seeking restitution of conjugal rights under section 9 of the Hindu Marriage Act. It is submitted at the cost of repetition that if the O.P. No.2 intends to restitute her conjugal rights, the petitioner will withdraw the said application seeking restitution of conjugal rights and will take the O.P. No.2 along with himself to his place of posting but then at times O.P. No.2 shall also have to come back to his parental home to look after his old and ailing parents.
4. The learned counsel appearing on behalf of the O.P. No.2 very firmly submitted that he has instruction of O.P. No.2 to make submission that O.P. No.2 does not intend to restitute her conjugal rights with the petitioner.
5. Considering the submissions made by the learned Senior counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court
Patna High Court CR. MISC. No.74855 of 2023(5) dt.11-07-2024 3/3 below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with C.A. Case No.795/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T