Allowed

Ajay Kumar Bhagat v. The State of Bihar

Patna HC25 Jun 2020CR. MISC./9317/2020

Case brief

AI extract

What is this about?

The High Court of Patna extended the provisional bail of the petitioner in a dowry complaint case involving allegations of criminal conspiracy and bigamy. The court imposed conditions requiring the petitioner to take his wife to her matrimonial house upon notice and conditioned the bail confirmation on restoring matrimonial harmony within a year.

What did the court decide?

Provisional bail extended until November 15, 2020, conditioned on taking the complainant to the matrimonial house and confirming bail based on restoration of harmony.

Ajay Kumar Bhagat Vs The State of Bihar — Dowry and Cruelty | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9317 of 2020

¶2

Arising Out of PS. Case No.-526 Year-2019 Thana- SAHARSA COMPLAINT CASE District- Saharsa

¶3

======================================================

¶4

AJAY KUMAR BHAGAT Son of Upendra Prasad Bhagat Resident of Village - Simri Bakhtiyarpur, P.S. - Simri Bakhtiyarpur, District-Saharsa.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar

¶8

Mamta Kumari Wife of Ajay Kumar Bhagat, Daughter of Umesh Bhagat Resident of Raman Gas Agency, Kahra Road, P.S. and District-Saharsa.

¶9

... ... Opposite Party/s

¶10

====================================================== Appearance :

¶11

For the Petitioner/s : Mr.Pramod Mishra For the Opposite Party/s : Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

¶12

3 25-06-2020

¶13

The matter has been taken up through virtual

¶14

Court proceeding.

¶15

Heard learned counsel for the petitioner.

¶16

However, none appears for the O.P. No. 2.

¶17

The present application has been filed for grant

¶18

of bail in a complaint case wherein processes were directed to be taken after cognizance being taken under Sections 406, 494, 498A, 120B of the Indian Penal Code.

¶19

It appears that vide order dated 03.03.2020, the petitioner was granted provisional bail for eight

¶20

Patna High Court CR. MISC. No.9317 of 2020(3) dt.25-06-2020 2/4

¶21

weeks and on joint prayer of the parties, the matter was referred to the Patna High Court Mediation Centre.

¶22

It is submitted by learned counsel for the petitioner that due to the extraordinary circumstance created by present pandemic of COVID-19, the mediation could not be conducted.

¶23

In the circumstances, this Court is inclined to dispose of the matter.

¶24

The prosecution case as per the complainant Mamta Kumari is to the effect that she was married with the petitioner on 29. 04 2007 and they were blessed with two children, but subsequently there was further dowry demand and due to the non-fulfillment of dowry demand, she was being tortured by the petitioner and other in-law family members. It is further alleged that petitioner has performed second marriage.

¶25

Learned counsel for the petitioner submits that petitioner admits his marriage with the complainant and birth of two children. However, he denies to have

¶26

Patna High Court CR. MISC. No.9317 of 2020(3) dt.25-06-2020 3/4

¶27

performed second marriage. A statement to that effect has been made in para 9 of the petition which reads as

¶28

under:-

¶29

“That so far allegation of performing second marriage by the petitioner is absolutely an absurd allegation and petitioner denied the same.”

¶30

The petitioner is still ready to keep the

¶31

complainant as wife with dignity and honour. Satement to that effect has been made in para 10 of the petition. The petitioner had also filed Matrimonial Case No. 44 of 2016 for the restitution of conjugal life which ended into compromise.

¶32

Learned counsel for the State summits that

¶33

thrust of accusation is against the husband of the complainant.

¶34

Considering the stand of the petitioner, particularly, the fact that petitioner has not performed second marriage and he is ready to keep his wife/complainant with full dignity and honour, the provisional bail granted to the petitioner is extended till

¶35

Patna High Court CR. MISC. No.9317 of 2020(3) dt.25-06-2020 4/4

¶36

15^th of November 2020.

¶37

Let the Court below issue notice to the

¶38

complainant and on her appearance the petitioner will take her to her matrimonial house.

¶39

The provisional bail of the petitioner will be confirmed by the learned Court below in either of the three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year or (ii) If the complainant fails to appear before learned Court below or (iii) If the complainant gets reluctant to reconcile the issue.

¶40

It is made clear that if the physical court proceeding is not likely to be functional till November, 2020 then learned Court below will be at liberty to further extend the period of provisional bail.

¶41

(Dinesh Kumar Singh, J)

¶42

Shageer/saif

Ajay Kumar Bhagat v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajay Kumar Bhagat v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Uma Shankar Singh Vs The State of Bihar

Abu @ Abuzar Vs The State of Bihar

Kunal Kumar Singh @ Kunal Singh Vs The State of Bihar

Dharmendra Yadav Vs The State of Bihar

Suraj Kushwaha @ Suraj Choudhary @ Suraj Prakash Vs The State of Bihar

Sandip Kumar @ Sandeep Kumar @ Sandeep Kumar Yadav Vs The State of Bihar