Chandan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15982 of 2021 Arising Out of PS. Case No.-130 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== Chandan Ram, Son of Butan Ram, Resident of Village- Tetariya Ekauna, P.S.- Udawantnagar, District- Bhojpur, Ara.

... ... Petitioner

Versus

1. The State of Bihar

2. Radhika Devi, Wife of Chandan Ram, Daughter of Ram Lal Ram, Resident of Village- Chhotaki Sanadiya, P.S.- Ara Mufashil, District- Bhojpur, Ara. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Navin Kumar Singh, Advocate For the State :

Mr. Mohammad Arif, APP For the O.P. No. 2 :

Mr. Maya Shankar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned counsel for the opposite party no. 2 as also learned APP for the State.

2. The petitioner in this case is seeking pre-arrest bail in connection with Bhojpur Mahila P.S. Case No. 130 of 2019 registered for the offences under Sections 323, 498A, 504, 506 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act. He has no criminal antecedent.

3. As per the prosecution story, on 09.06.2010, the petitioner was married to the informant and after marriage, the petitioner started demanding Rs.1,00,000/- and a motorcycle. It is further alleged that the informant has two daughters and one son out of the said wedlock and she along with her children has

Patna High Court CR. MISC. No.15982 of 2021(4) dt.13-12-2023 2/3 been ousted from her matrimonial house.

4. Earlier, the records were sent to the mediation center attached to this Court where both the parties have mutually settled their disputes. The mediation report is kept at Flag 'M'. Together with the report, there is a copy of the terms and conditions of the compromise.

5. Learned counsel for the petitioner and learned counsel for the opposite party no. 2 both have confirmed that now opposite party no. 2 is living in her sasural, however, at this stage, learned counsel for the opposite party no. 2 submits on instruction that the petitioner is still neglecting his wife in the sasural and is not maintaining her properly.

6. Having regard to the facts and circumstances of the case, the fact that opposite party no. 2 is now living in her sasural, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner abovenamed shall be released on bail in connection with Bhojpur Mahila P.S. Case No. 130 of 2019 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Ara, Bhojpur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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7. And further condition that the learned court below shall keep on monitoring the conduct of the petitioner from time to time and it will be open for the opposite party no. 2 to report to the learned court about any torture meted out to her by the petitioner at any point of time.

8. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

9. This application stands allowed.

(Rajeev Ranjan Prasad, J) lekhi/- U T