Allowed

Jitendra Rai v. State Of Bihar and Anr.

Patna HC5 Dec 2017CR. MISC./50946/2017

Case brief

AI extract

What is this about?

In a complaint case under Section 498(A) IPC, the High Court granted provisional bail to the petitioner upon his undertaking to live with his wife with dignity. The court directed the lower court to monitor the relationship and allow the bail to lapse or be confirmed based on the wife's agreement and behavior.

What did the court decide?

Provisional bail for six months granted with direction to surrender to the Sub Divisional Judicial Magistrate, Begusarai, and monitor conjugal relationship with monthly court appearances.

Jitendra Rai Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50946 of 2017

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Arising Out of PS.Case No. -14525 Year- 2014 Thana -BEGUSARAI COMPLAINT CASE DistrictBEGUSARAI

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====================================================== 1. Jitendra Rai S/o Suresh Rai, R/o Village- Mushari Gour, P.S.- Teghra, District- Begusarai.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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Putul Kumari W/o Jitendra Rai, R/o Village- Chamtha (kurmi Tola), P.S.Buchhawara, District- Begusarai.

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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3 05-12-2017 Heard learned counsel for the petitioner and the State.

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The petitioner apprehends arrest in Complaint Case No. 14525 of 2014 instituted for the offence under Section-498(A) of the Indian Penal Code.

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It has been submitted on behalf of the petitioner that the petitioner is ready to keep the complainant (wife) with full dignity and honour. The notice was issued to opposite party No. 2 which has validly been served and she has also appeared through her counsel but today none appears in court on behalf of opposite party No. 2.

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In such circumstances, this application is disposed off with direction to petitioner to surrender before the Court

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Patna High Court Cr.Misc. No.50946 of 2017 (3) dt.05-12-2017

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Page 2 of 3

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below i.e. learned Sub Divisional Judicial Magistrate, Begusarai within a period of four weeks from the date of receipt of the order in connection with Complaint Case No. 14525 of 2014, along with Affidavit that he will keep the wife with full dignity and care. In the event the Court below finds that petitioner is willing to keep his wife with full dignity and care, the court below will release the petitioner on provisional bail to its own satisfaction for a period of six months and will issue notice to informant (wife) and in the event wife appears and agree to go with the husband, the court below will monitor the relationship between the parties by calling both of them every month in the court and in the event the court below finds that good conjugal relationship has been restored between husband and wife and wife does not make any complain about the physical and mental torture committed by the petitioner during the period of her stay with him or court below finds that good conjugal relationship could not be restored on account of indifferent attitude of wife or the wife does not appear even after valid service of notice, the court below shall confirm the provisional bail of the petitioner after six months.

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It is made clear that in the event the petitioner does not surrender in the court below along with Affidavit, as ordered above, or the petitioner refuses to keep the wife on her appearance

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Patna High Court Cr.Misc. No.50946 of 2017 (3) dt.05-12-2017

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Page 3 of 3

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in court or wife during the period of monitoring makes complain about physical and mental torture committed by the petitioner, it will be open to the court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner without taking into consideration the observations made above by this Court.

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(Sanjay Priya, J)

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A.K.V./-

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U T

Jitendra Rai v. State Of Bihar and Anr.

Case brief

What is this about?

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Jitendra Rai v. State Of Bihar and Anr.

Case brief

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