Ranjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3593 of 2023 Arising Out of PS. Case No.-1236 Year-2021 Thana- COMPLAINT CASE District- Jamui ====================================================== RANJEET YADAV Son of Karu Yadav R/V- Kathbazra P.S- Jhajha DistJamui ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunita Devi Wife of Ranjeet Yadav R/V- Kathbazra P.S- Jhajha Dist- Jamui At present R/V- Baijla, P.S- Jhajha Dist- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 1236C/2021 registered for the offences punishable under Sections 498A and 323 of the Indian Penal Code. The marriage of the petitioner is stated to have been solemnized with the complainant on 15.04.2015 as per Hindu rites and rituals, whereafter the complainant had gone to her matrimonial home, however, subsequently the petitioner and his family members started torturing

2/4 the complainant and had also got her pregnancy aborted. Nonetheless, in the year 2021, she gave birth to a male child, whereafter the accused persons started demanding a sum of Rs. two lacs and a motorcycle, by way of dowry, and when the complainant refused to honour the said demand, she was ousted from the matrimonial home.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the petitioner is ready and willing to keep his wife i.e. the opposite party no. 2-complainant with due honour and dignity and he is also ready to participate in mediation proceedings, if any, to be initiated by the Ld. Court below, in order to resolve the matrimonial disputes amicably.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

Having regard to the facts and circumstances

3/4 of the case, considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct the petitioner to surrender before the learned court of Judicial Magistrate-1st Class, Jamui in connection with Complaint Case No. 1236C/2021 within a period of four weeks from today, whereupon the petitioner shall be admitted to the privilege of provisional bail on the very same day and then the learned court below shall issue notice to the complainant-wife and hold mediation proceeding in between the petitioner and his wife with a view to settle the matrimonial disputes between them amicably.

The learned court below is directed to take a final call with regard to either confirming the provisional bail to be granted to the petitioner or revoking the same subject to outcome of the mediation proceeding as also considering the case of the petitioner on merits, without being prejudiced by the dismissal of his bail petition by the learned court below.

In the meantime, for a period of four weeks

4/4 from today, no coercive steps shall be taken against the petitioner herein.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U T