Ravindra Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16536 of 2021 Arising Out of PS. Case No.-87 Year-2020 Thana- MAHILA P.S District- Supaul ====================================================== Ravindra Mukhiya, aged about 25 years, Male, Son of Shiv Kumar Mukhiya Resident of Jiwachhpur, Ward No. 13, P.S. - Bhimpur, District - Supaul. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akhouri Vipin Bihari Shrivastava, Adv.
For the Opposite Party/s :
Mr. Amrit Abhijat, Manoj Kumar Gupta and Manoj Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor ( for short 'APP') for the State.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Supaul Mahila PS Case No. 87 of 2020, instituted for the offence under Sections 498A, 494, 341, 323, 504 and 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Act.
Since 20.09.2020 the petitioner is stated to be in custody. The informant has alleged that she has been subjected to cruelty
Patna High Court CR. MISC. No.16536 of 2021(2) dt.26-10-2021 2/3 by the petitioner and her family members for non fulfillment of certain demand for dowry. During instant proceedings, parties referring to paragraph No. 6 of the bail petition i.e. the statements of the petitioner, that he is ready to keep the informant with full dignity, have stated that they will make endeavour to resolve the issue amicably between them. Considering the rival submissions also the facts and circumstances of the case, this Court would direct that to facilitate amicable resolution between the parties, the petitioner would be released on provisional bail for a period of three months in connection with Supaul Mahila P. S. Case No.
87 of 2020 to the satisfaction of the learned Sub Divisional Judicial Magistrate, Supaul, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
The learned Trial Court will review the situation after
Patna High Court CR. MISC. No.16536 of 2021(2) dt.26-10-2021 3/3 three months as regards any amicable resolution that may be formalized between the parties, including allowing the informant to reside with the petitioner. If such a compromise is achieved the bail shall be confirmed. Otherwise, the Court below would be at liberty to pass appropriate orders in accordance with law, which may include cancellation of provisional bail granted to the petitioner The application stands disposed of.
(Madhuresh Prasad, J) shyambihari/- U T