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Pramod Kumar Singh vs State Of Bihar & Anr on 10 July, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33813 of 2017
Arising Out of PS.Case No. -243 Year- 2014 Thana -ROHTAS COM PLAINT CASE District-
SASARAM (ROHTAS)

Pramod Kumar Singh, son of Gayanchand Singh, resident of village- Katariya,
P.S.- Agiyawn, District- Bhojpur.

…. …. Petitioner/s
Versus

1. The State of Bihar.

2. Sanjana Devi, wife of Pramod Kumar Singh, daughter of Sri Bhagwan Singh,
resident of village- Gamharia, P.O. P.S.- Karbar (Godhari), District- Rohtas
at Sasaram.

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Vipin Kumar Singh, Advocate
: Mr. Manish Prakash, Advocate
For the State : Mr. Umanath Mishra, APP

For the Opposite Party No.2 : Mr. Madanjeet Kumar, Advocate

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date: 10-07-2018

Heard learned counsel for the petitioner and learned counsel

for the opposite party no.2.

2. This application under Section under Section 482 of the

Code of Criminal Procedure has been filed by the petitioner for setting

aside the order dated 03.05.2017 passed by the learned 1st Additional

Sessions Judge, Rohtas, Sasaram in Regular Bail Petition No.98 of

2017 arising out of Complaint Case No.243 of 2014 whereby he has

refused to confirm the bail of the petitioner on the ground that he has

not taken his wife to her matrimonial home.

3. Learned counsel for the petitioner submitted that despite
Patna High Court Cr.M isc. No.33813 of 2017 dt.10-07-2018

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best efforts made by the petitioner, the complainant opposite party

no.2 did not agree to live together with the petitioner and it is brother

of the complainant who is mainly responsible for the differences

between the husband and wife. The petitioner is in active service of

the Air Force.

4. On the other hand, learned counsel for the complainant

submitted that provisional bail was granted to the petitioner by the

learned Additional Sessions Judge on the ground that the petitioner

would take his wife to her matrimonial home and keep her there with

full dignity and honour. However, he failed to do so and, thus, no

illegality can be found with the impugned order. It has been submitted

by the learned counsel for the opposite party no.2 that it is not correct

to say that the opposite party no.2 is not willing to live together with

the petitioner rather it is the petitioner who has deserted her and for

one reason or the other he is not willing to keep the complainant in

her matrimonial home.

5. I have heard learned counsel for the parties.

6. Apparently, there is matrimonial discord and

incompatibility between the parties. There may be several reasons for

the parties not to live together. In my opinion, it would not be proper

for a court to compel the husband facing prosecution under Section

498A of the Indian Penal Code to take his wife to his matrimonial
Patna High Court Cr.M isc. No.33813 of 2017 dt.10-07-2018

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home as mandatory condition for grant of bail.

7. In that view of the matter, the application is allowed. The

impugned order dated 03.05.2017 passed by the learned 1st Additional

Sessions Judge, Rohtas, Sasaram in Regular Bail Petition No.98 of

2017 is set aside. The petitioner shall be allowed to continue on the

bail bond furnished by him earlier pursuant to the provisional bail

granted by the court below.

(Ashwani Kumar Singh, J)

Md.S./-

AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 16.07.2018
Transmission 16.07.2018
Date

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