Chandan Rai @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71341 of 2022 Arising Out of PS. Case No.-461 Year-2021 Thana- DESARI District- Vaishali ====================================================== Chandan Rai @ Chandan Kumar S/O Amrit Rai Resident of village- Sahdei Chakawa, P.S.- Desari, District- Hajipur Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2023 Heard Mr. Sunil Kumar Singh, learned Counsel appearing on behalf of the petitioner and Mr. Dashrath Mehta, learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks pre-arrest bail in connection with Desari P.S. Case No. 461 of 2021 offences punishable under Sections 341, 323, 307, 498(A) and 34 of the Indian Penal Code.

3. The present case relates to matrimonial dispute between the petitioner and Opposite Party No. 2, who are husband and wife.

4. It is jointly prayed on behalf of the petitioner and Opposite Party No.2, who are husband and wife, that they want to reconcile their strained matrimonial relationship.

5. Considering the fact that parties are having strained

Patna High Court CR. MISC. No.71341 of 2022(4) dt.17-05-2023 2/2 matrimonial relationship now they are ready to reconcile their matrimonial dispute and lead a happy matrimonial life, the petitioner and Opposite Party No. 2 are directed to appear before the Court below to file a joint affidavit to the effect that they are living together. The aforesaid affidavit is required to be filed within a period of six weeks, till then no coercive step.

6. In case no joint affidavit is filed, the interim protection granted to the petitioner will loose its force automatically.

7. If such affidavit is filed, the petitioner, above named is directed to be released on provisional bail on such terms and conditions as the Court below deems it fit and proper.

8. The Court below is directed to observe the conduct of the petitioner for a period of one year and if no complaint is made by the Opposite Party No. 2, the provisional bail granted to the petitioner shall be confirmed subject to the condition as laid down under Section 438(2) of the Cr.P.C.

9. The bail application, accordingly, stands disposed of.

(Purnendu Singh, J) nilmani/minu U T