Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3665 of 2023 Arising Out of PS. Case No.-18 Year-2022 Thana- MAHILA P.S. District- Munger ====================================================== BIPIN KUMAR S/O NARESH YADAV Resident of village- Lakrapatal, P.S.- Dharhara, District- Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PRITY RANJAN W/O BIPIN KUMAR, D/O LATE ANIL KUMAR Resident of Village and P.O. Ratanpur, P.S.- Bariyarpur, District- Muger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Saurabh, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-05-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Mahila PS Case No. 18 of 2022, registered for the offence punishable under Section 498(A) and other allied sections of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

The marriage of the petitioner is stated to have been solemnized with the informant on 22.06.2021, during the course whereof, it is alleged that the mother of the informant had given ornaments worth Rs. 15 lacs and thereafter, the informant had gone to her matrimonial home, however, subsequently, the

Patna High Court CR. MISC. No.3665 of 2023(2) dt.17-05-2023 2/3 accused persons including the petitioner herein started torturing her and demanding a four-wheeler, however when the demand of the said four-wheeler was not fulfilled, the informant was ousted from her 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 is having a clean antecedent. It is further submitted that the petitioner is ready and willing to keep his wife with due honour and dignity and is also ready to engage in mediation process, in case, the same is initiated by the learned trial court for amicably settling the matrimonial dispute in question.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available in the case dairy, I deem it fit and proper to grant liberty to the petitioner to surrender before the learned court of S.D.J.M. Munger in connection with Mahila PS Case No. 18 of 2022, within a period of four weeks from today, whereupon the petitioner shall be admitted to the privilege of provisional bail

Patna High Court CR. MISC. No.3665 of 2023(2) dt.17-05-2023 3/3 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. The learned court below is directed to take a final call with regard to either confirming the provisional bail to be granted to be 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 anticipatory bail petition by the learned court below. In the meantime, for a period of four weeks 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) rinkee/- U T