Sandeep Kumar Rohit @ Sandeep Rohit Srivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5748 of 2022 Arising Out of PS. Case No.-69 Year-2020 Thana- SHASTRINAGAR District- Patna ====================================================== Sandeep Kumar Rohit @ Sandeep Rohit Srivastava Son Of Awadh Bihari Srivastava @ Awadh Bihar @ Srivastava R/O- Flat No. F-2, Tribhuvan Apartment, West Patel Nagar, P.S.- Shastri Nagar, District- Patna ... ... Petitioner/s
Versus
1. The State Of Bihar
2. Seweta Sinha w/o Sandeep Rohit Srivastava at Tribhuvan Apartment F.No. F/2 B. Bhattacharya Road, Paschami Patel Nagar, Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Mishra, Advocate For the Informant :
Mr. Utsav Anand, Advocate Mr. Sumit Shekhar Pandey, Advocate For the Opposite Party/s :
Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 498A read with section 34 of the Indian Penal Code and 3⁄4 Dowry Act. As per the prosecution case, the informant solemnized marriage with the petitioner according to Hindu rites and custom. It is further alleged that the informant was being
Patna High Court CR. MISC. No.5748 of 2022(7) dt.23-02-2023 2/3 tortured by her husband and her in-laws for grabbing the ornaments and silver utensils which were given to the informant by her maternal home. Earlier the informant filed an application at Mahila Police Station, Gardanibagh against her in-laws and later on the matter was compromised. Thereafter, the informant and the petitioner started living as husband and wife. It is further alleged that all the jewellery and the silver utensils of the informant gifted by her maternal home was locked in the almirah of her mother-in-law and when the informant asked the petitioner to bring them back, he started abusing and assaulting the informant and also threatened to make viral her private video on social media.
Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Learned counsel has submitted that both the parties have compromised the case through the process of mediation. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. Learned counsel for the informant has submitted that both the parties have compromised the case through the process of mediation. Considering the aforesaid facts and circumstances and
Patna High Court CR. MISC. No.5748 of 2022(7) dt.23-02-2023 3/3 in the light of report of mediation dated 22.12.2022, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna in connection with Shashtri Nagar P.S. Case No. 69 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T