Krishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5589 of 2023 Arising Out of PS. Case No.-161 Year-2020 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== KRISHAN KUMAR Son of Sitaram Rai Resident of village - Madhaul, P.S.- Desari, District - Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari Wife of Krishan Kumar Resident of village - Madhaul, P.S.- Desari, District - Vaishali at present residing Daughter of Surendra Rai, Village - Bade Kharagpur, P.S.- Desari, District - Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-05-2023 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 Complaint Case No. 161/ 2020, registered for the offence punishable under Sections 323, 498(A), 379 of the Indian Penal Code.

The marriage of the petitioner is stated to have been solemnized with the complainant on 10.02.2019, during the course whereof, huge cash amount and gifts etc. were given, whereupon the complainant had gone to her matrimonial home, however, subsequently, the accused persons including the petitioner started making further demand for dowry and on

Patna High Court CR. MISC. No.5589 of 2023(3) dt.22-05-2023 2/3 account of non-fulfillment of the same, the complainant was assaulted and 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 proceeding, 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 Judicial Magistrate 1st class, Vaishali at Hajipur in connection with Complaint Case No. 161 of 2020, 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-

Patna High Court CR. MISC. No.5589 of 2023(3) dt.22-05-2023 3/3 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