Arvind Kumar Bhagat vs The State Of Bihar
2021 Latest Caselaw 4012 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.35521 of 2020
       Arising out of PS. Case No.-180 Year-2019 Thana- EAST CHAMPARAN COMPLAINT
                                      District- East Champaran
     ======================================================

Arvind Kumar Bhagat, aged about 41 years (Male), Son of Basuki Prasad Bhagat Resident of Muhalla- Shankosai, Road No.1, Dimna Road Mango, Near Durga Mandir, P.S.- Ulidih Mango Jamshedpur, District- East Singhbhum (Jharkhand).

... ... Petitioner/s Versus

1. The State of Bihar

2. Prabha Kumari, aged about 33 years (Female), Wife of Arvind Kumar Bhagat Resident of Muhalla- Shankosai, Road No.1, Dimna Road, Mango near Durga Mandir, P.S.- Ulidih Mango, Jamshedpur, District- East Singhbhum (Jharkhand), at present residing at the house of her father Late Satyadeo Prasad, Muhalla- Hadi Bazar, Raxaul, P.O. and P.S.- Raxaul, District- East Champaran- 845345 ... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s           :     Mr. Binay Kant Mani Tripathi, Advocate
     For the State                  :     Mr. Md. Arif, APP
     For the opposite party no. 2   :     Mr. Prateek Tandon, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Binay Kant Mani Tripathi, learned counsel

for the petitioner; Mr. Md. Arif, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State and

Mr. Prateek Tandon, learned counsel for the opposite party no. 2-

complainant.

3. The petitioner, who is husband of the complainant-

opposite party no. 2, apprehends arrest in connection with Trial

No. 2990 of 2020 arising out of Complaint Case No. 180 of 2019

dated 09.05.2019, instituted under Sections 323, 498-A,374, 307 Patna High Court CR. MISC. No.35521 of 2020 dt.09-08-2021

of the Indian Penal Code, 3/4 of the Dowry Prohibition Act, 1961

and 66-A of Information Technology Act, 2000.

4. On 21.06.2021, learned counsel for the petitioner had

submitted that prior to the present case, he had filed Original

Matrimonial Suit No. 194 of 2019 before the Principal Judge,

Family Court, Jamshedpur, under Section 9 of the Hindu Marriage

Act, 1955, for restitution of conjugal rights, in which the

complainant had appeared and after mediation a settlement had

been arrived and one of the terms is that the petitioner would bring

the complainant and her two children and would keep them in the

matrimonial home.

5. Having regard to such stand of the petitioner, the

Court had directed for an exercise by which the petitioner was to

go to the house of the opposite party no. 2 and take her to the

matrimonial home at Jamshedpur for which an Assistant Sub-

Inspector of Police was also to be deputed for ensuring that

everything went well.

6. Today, learned counsel for the petitioner submitted

that he has filed an affidavit in which it has been stated that the

opposite party no. 2 and her two children had left her parents'

house on 2nd August, 2021 and had reached the matrimonial home

at Jamshedpur on 3rd August, 2021 and they are living there

happily without any complain. The Court had also requested to Patna High Court CR. MISC. No.35521 of 2020 dt.09-08-2021

learned APP to inform the complainant about the order and also to

ask her as to whether she wanted anything to be conveyed to the

Court.

7. Learned APP submitted that he has talked to the

opposite party no. 2 earlier and today morning also and she has

stated that she is in the matrimonial home along with her children

and there is no grievance, however, she has requested that the

Court may safeguard her interest in future also.

8. Learned counsel for the opposite party no. 2

submitted that she along with her children has gone to the

matrimonial home and presently things are fine. However, he also

submitted that the Court may put conditions that she may be

secured in future also.

9. Having regard to the aforesaid, as the parties have

finally resumed their conjugal life and living in the matrimonial

home along with their children, the Court is inclined to grant pre-

arrest bail to the petitioner.

10. Accordingly, in the event of arrest or surrender

before the Court below within six weeks from today, the petitioner

be released on bail upon furnishing bail bonds of Rs. 25,000/-

(twenty five thousand) with two sureties of the like amount each

to the satisfaction of the Sub-divisional Judicial Magistrate,

Raxaul at Motihari in Trial No. 2990 of 2020 arising out of Patna High Court CR. MISC. No.35521 of 2020 dt.09-08-2021

Complaint Case No. 180 of 2019, subject to the conditions laid

down in Section 438(2) of the Code of Criminal Procedure, 1973

and further, (i) that one of the bailors shall be a close relative of

the petitioner and (ii) that the petitioner shall give undertaking

before the Court that the complainant and her children shall be

kept in the matrimonial home with full dignity, honour and

security and all their needs shall be taken care of and that the

complainant shall be free to meet, talk to and visit any person she

desires without any let or hindrance by the petitioner or his family

members. Any violation of the terms and conditions of the bonds

or the undertaking shall lead to cancellation of his bail bonds.

11. It shall also be open for the prosecution and the

complainant-opposite party no. 2/her guardians to bring any

violation of the foregoing conditions by the petitioner, to the notice

of the Court concerned, which shall take immediate action on the

same after giving opportunity of hearing to the petitioner.

                     12.   The      petition     stands      disposed      of       in   the

           aforementioned terms.

                                                 (Ahsanuddin Amanullah, J)
Vikash/-

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