Kundan Kumar @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5332 of 2020 Arising Out of PS. Case No.-502 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== KUNDAN KUMAR @ RAHUL KUMAR, S/o- Manoj Kumar Singh Resident of Village- Salempur, P.S.- Rajepur, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranjana Kumari, D/o- Shivshankar Singh, W/o- Kundan Kumar @ Rahul Kumar Resident of Village- Barhanda, P.S.- Minapur, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap Mr. Alok Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-04-2022 Heard the learned counsel for the petitioner as well as the learned Additional PP for the State.

The petitioner apprehends his arrest for the offences alleged under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961, registered in connection with Complaint Case No. 502 of 2018, corresponding to Trial No. 3132 of 2018. As per allegation, the complainant, Ranjana Kumari was married to the petitioner in the year 2015. Ceremonial and customary gifts have been given on the occasion of the

Patna High Court CR. MISC. No.5332 of 2020(5) dt.25-04-2022 2/3 marriage. When she came to her matrimonial house, she was tortured for non-fulfillment of demand of dowry. Lastly, she was ousted from her matrimonial house.

For exploring the amicable settlement of the dispute, the matter was referred to the Patna High Court Mediation Centre. The report of the mediation has been received and is kept at Flag-M, which shows that the parties failed to settle their dispute.

The learned counsel for the petitioner has submitted that the parties were proceeding for one-time settlement of the dispute but the demand of the complainant was too high and it was beyond the affording capacity of the petitioner.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within a period of four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection

Patna High Court CR. MISC. No.5332 of 2020(5) dt.25-04-2022 3/3 with Complaint Case No. 502 of 2018, corresponding to Trial No. 3132 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

It is also observed that the learned court below shall refer the matter to the Mediation Centre for exploring possibility of one-time settlement of the issue. If after mediation proceeding, it comes to the notice of the learned court below that the mediation failed due to reluctance or non-cooperation of the petitioner, he shall be at liberty to take appropriate steps. The application stands disposed off, accordingly. (Nawneet Kumar Pandey, J) skm/- U T