Disposed

Dhiraj Kumar v. The State of Bihar

Patna HC18 Apr 2023CR. MISC./3983/2022

Case brief

AI extract

What is this about?

Single-judge oral order granting pre-arrest provisional bail in a Section 498A matrimonial case subject to conditions for reconciliation and observance of conjugal life for one year, with an order to make bail absolute if no new complaint is made.

What did the court decide?

Petitioner granted provisional bail with directions to reconcile and live together for one year to make bail absolute.

Dhiraj Kumar Vs The State of Bihar — Matrimonial and Divorce | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3983 of 2022

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Arising Out of PS. Case No.-27 Year-2020 Thana- ROHTAS COMPLAINT CASE DistrictRohtas

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

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DHIRAJ KUMAR, son of Chhathu Sah, resident of village-Jagdishpur, P.S.Jagdishpur, District-Bhojpur.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Priyanka Kumari, w/o Dhiraj Kumar, resident of village-jagdishpur, Ward No.13, P.S.-Jagdishpur, District-Bhojpur, at present resident of villageNasriganj, Ward No.07, P.S.-Nasariganj, District-Rohtas.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Nagendra Upadhyay, Advocate For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap, APP For O.P. No.2 : Mr. Chandra Kant, Advocate Mr. Lallan Pandey, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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5 18-04-2023 Heard Mr. Nagendra Upadhyay, learned Counsel for the petitioner, Mr. Dr. Kumar Uday Pratap, learned Additional Public Prosecutor for the State and Mr. Chandra Kant, learned counsel appearing on behalf of Opposite Party No.2.

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The petitioner seeks pre-arrest bail in connection with Complaint Case No. 27 of 2020, for the offences punishable under Section 498(A) of Indian Penal Code.

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Learned counsel appearing on behalf of the petitioner informs this Court that the petitioner is ready to keep Opposite Party No.2 who is legally wedded wife with dignity and honour. The O.P. No.2 is also willing to lead happy

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Patna High Court CR. MISC. No.3983 of 2022(5) dt.18-04-2023 2/2

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matrimonial life with the petitioner.

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Considering the aforesaid statement of the petitioner, the petitioner is directed to be released on provisional bail. The Court below is directed to take steps to reconcile the strained relationship between the petitioner and Opposite Party No.2. If the parties live together, the Court is further required to observe well being of the parties for husband and wife for a further period of one year and within that period, if no compliant is made by Opposite Party No.2, the provisional bail granted to the petitioner is directed to be made absolute subject to the conditions as contained under Section 438 (2) of the Code of Criminal Procedure and with a further condition that if the statement made in paragraph No.3 of the present bail application with respect to the criminal antecedent of the petitioner is found to be incorrect, this order will automatically will loos its force.

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Accordingly, the bail application stands disposed

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of.

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(Purnendu Singh, J)

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sanjeev/-

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U T

Dhiraj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dhiraj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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