Allowed

Jailendra Kumar @ Jalendra Kumar @ Pintoo v. the State of Bihar

Patna HC28 Jun 2022CR. MISC./14608/2021

Case brief

AI extract

What is this about?

Bench confirmed contingent bail for the appellant in a 498A IPC complaint case after accepting that notices served on the co-wife's parents constituted valid service to her. The court affirmed the provisional bail under Section 438(2) Cr.P.C., subject to conditions and relaxation of defect removal timelines.

What did the court decide?

Confirmed provisional bail to the petitioner under Section 438(2) Cr.P.C. and directed parties to apply for mediation or one-time settlement before the court below.

Jailendra Kumar @ Jalendra Kumar @ Pintoo Vs the State of Bihar — Quashing and FIR | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14608 of 2021

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Arising Out of PS. Case No.-458 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna

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

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JAILENDRA KUMAR @ JALENDRA KUMAR @ PINTOO Son of Late Mahesh Prasad Resident of Hanuman Garh, P.S.- Chandi, District- Nalanda.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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Renu Devi W/o Jailendra Kumar @ Pintoo Kumar Resident of Hanumangarh, P.O. and P.S.- Chandi, Distt- Nalanda.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar, Advocate For the Opposite Party/s : Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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8 28-06-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498A, 323, 406 of the Indian Penal Code and section ¾ of Dowry Prohibition Act.

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In compliance of the order dated 05.04.2022, petitioner has filed a supplementary affidavit of jointness of opposite party no.2 with her mother. In the jointness petition, in para-4, it is

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Patna High Court CR. MISC. No.14608 of 2021(8) dt.28-06-2022 2/2

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mentioned by the petitioner that O.P. No.2 at present is living jointly with her parents i.e. her mother and father.

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Considering the same, notices received by the mother of the opposite party no.2 is treated as valid service but nobody appears on behalf of the opposite party no.2.

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Vide order dated 04.01.2022, petitioner has been granted provisional bail. Since, nobody appears on behalf of the opposite party no.2, I am inclined to affirm the provisional bail.

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Accordingly, the provisional bail granted to the petitioner named above vide order dated 04.01.2022, in connection with Complaint Case No.458C/2019 is hereby confirmed, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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(Anjani Kumar Sharan, J)

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pallavi/-

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U T

Jailendra Kumar @ Jalendra Kumar @ Pintoo v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Jailendra Kumar @ Jalendra Kumar @ Pintoo v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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