Rajeev Ranjan @ Dharmendra Kumar v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6519 of 2019 Arising Out of PS. Case No.-1010 Year-2017 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== RAJEEV RANJAN @ DHARMENDRA KUMAR Sri Rajaram Prasad Village - Malhar, P.S. - Chenari, Distt.- Rohtas at Sasaram, at present resident of Mohalla- Rajeshwar Nagar, P.S.- Kudra, Distt.- Kaimur at Bhabua ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Smt. Suman Devi, Rajeev Ranjan @ Dharmendra Kumar Doughter of Sri Krishna Ram resident of Village - Malhar, P.S. - chenari, Distt.- Rohtas at Sasaram, At Present resident of Village - Raypurchor, P.S.- Shivsagar (Baddi) , Distt.- Rohtas at Sasaram ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh For the Opposite Party/s :
Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 1010 of 2017, disclosing offences under Section 498A of the Indian Penal Code. Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to torture and cruelty with respect to demand of Rs. 25 laksh and a car as dowry.
It appears that earlier on appearance of opposite party no. 2, the matter was referred to Patna High Court Mediation and Conciliation Center, Patna, however, the report of learned Mediator disclosed that the mediation between the
Patna High Court CR. MISC. No.6519 of 2019(6) dt.25-07-2019 2/3 parties failed.
Submission of learned counsel for the petitioner is that he was ready for one time settlement and had offered the complainant Rs. 4 Lacs but since the opposite party no. 2 was adamant on her demand of Rs. 6.50 Lacs, the dispute could not be resolved through the process of Mediation. Heard learned A.P.P. also as well learned counsel for the complainant. Learned counsel for the complainant has submitted that the complainant is legally wedded wife of the petitioner and she is entitled for at least an amount, which may suffice her needs as she has no source of income. However, after some argument, petitioner agreed before this Court to pay an amount of Rs. Five Lacs to the complainant as one time settlement. To which, the learned counsel for the complainant has also shown his willingness.
In such view of the matter, let petitioner surrender in the court below on 26.08.2019 along with a bank draft of Rs. One Lac duly drawn in favour of the complainant and the court below after verifying the same shall release the petitioner on provisional bail for a period of four months, on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.6519 of 2019(6) dt.25-07-2019 3/3 the petitioner shall pay the remaining amount of Rs. Four lacs in four equal installments of Rs. One Lac to be deposited in the third week of each month by way of bank draft drawn in favour of the complainant and once, the entire amount of Rs. Five Lac is deposited the court below shall confirm the provisional bail of the petitioner.
Failure to pay any of the installments will make the petitioner liable for cancellation of his bail bonds. The entire amount so deposited by the petitioner shall be released in favour of the complainant. It is also expected that once the entire amount is paid, the parties shall withdraw the cases filed against each other and they, if so desire, may filed a petition for divorce on mutual consent under Section 13 (B) of the Hindu Marriage Act, in which, both the parties have to cooperate. With the above observation and direction, this application is disposed of.
(Vinod Kumar Sinha, J) sunilkumar/- U T