Partly allowed

Raju Dayma v. The State of Bihar

Patna HC16 Dec 2022CR. MISC./55400/2022

Case brief

AI extract

What is this about?

Oral order granting provisional bail to a petitioner charged with Section 498A and related offences. Court directed release subject to undertaking to not torture the wife, facilitating mediation, and making bail absolute after one year if parties reconcile.

What did the court decide?

Petitioner granted provisional bail subject to undertaking to maintain wife with dignity, facilitate mediation, and make bail absolute after one year if reconciliation occurs.

Raju Dayma Vs The State of Bihar — Matrimonial and Divorce | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55400 of 2022

¶2

Arising Out of PS. Case No.-283 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran

¶3

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

¶4

Raju Dayma Son of Suresh Dayma, resident of Village Mai Sthan Ward No 14 , P.S.- Raxaul, District- East Champaran, Bihar- 845305

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Santosh Bharti, Advocate. For the Opposite Party/s : Mrs. Asha Devi, APP. ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 16-12-2022

¶12

Heard Mr. Santosh Bharti, learned counsel appearing on behalf of the petitioner and Mrs. Asha Devi, learned A.P.P. for the State, in virtual Court.

¶13

The petitioner seeks regular bail in connection with Complaint Case No. 283(C) of 2021 for the offence punishable under Sections 323, 341, 498A and 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

¶14

The prosecution story, in brief, is that the complainant is the wife of the petitioner and she has alleged that her husband tortures her and demands dowry of Rs.5,00,000/- from her father to start business and for non-fulfillment of demand of dowry, the petitioner has stopped her basic daily needs including food.

¶15

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is ready to keep his wife with full honour and dignity and will not deprive her to any day to day

¶16

Patna High Court CR. MISC. No.55400 of 2022(2) dt.16-12-2022 2/2

¶17

need and will never torture her.

¶18

Learned A.P.P. appearing on behalf of the State submitted that primarily from the allegation made in the F.I.R., it appears that it is a case of matrimonial dispute and petitioner has made specific statement in Para-10 of the bail application that the matter may be referred for mediation.

¶19

Considering the rival submission of the parties, petitioner is directed to be released on provisional bail subject to the condition that petitioner will make an undertaking before the court below on affidavit that he will keep his wife with full honour an dignity and will never torture her and her minor child. The court below will try to mediate between the parties and in case parties start living together and lead their conjugal life happily, the provisional bail granted to the petitioner shall be made absolute after a period of one year.

¶20

The court below is directed to impose other such terms and conditions as it deems fit and proper in accordance with law.

¶21

With the above observation, the bail application stands disposed of.

¶22

(Purnendu Singh, J)

Raju Dayma v. The State of Bihar

Case brief

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Raju Dayma v. The State of Bihar

Case brief

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