Pappu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7731 of 2020 Arising Out of PS. Case No.-758 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== PAPPU THAKUR Son of Late Srikant Thakur Resident of Village-Manjhauli, P.S.-Bikram, District-Patna, Pin-801104.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Ripu Devi Wife of Pappu Thakur and daughter of Santoshi Thakur R/o at Village-Manjhauli, P.S-Bikram,District-Patna, Pin-801104, At present residing at Village-Jamalpura, P.S.-Naubatpur, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jayram Sharma For the Opposite Party/s :

Mr.Kanhaiya Kihore,App ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

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. 758 ( C) of 2015 registered for the offence punishable under Sections 323, 498A, 504, 120B of the Indian Penal Code and Sections 3/ 4 of the D.P.Act.

The allegation is regarding the petitioner having committed atrocities on his wife, who is the complainant in the

Patna High Court CR. MISC. No.7731 of 2020(2) dt.16-06-2020 2/3 present case, on account of non-fulfillment of the demand for dowry and finally, the petitioner is stated to have deserted the wife.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is ready to keep his wife.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner is ready to keep his wife with due honour and dignity, I deem it fit and proper to dispose of this case with the following directions:- (i) The petitioner shall surrender within a period of six weeks from today before the court of learned S.D.J.M., Danapur, District-Patna in connection with Complaint Case No. 758 ( C) of 2015, whereupon he shall be released on provisional bail on the very same day.

(ii) The learned court below shall then issue notice to the wife of the petitioner and initiate mediation proceedings in between the husband and the wife as also make full endeavours to settle the matrimonial dispute amicably.

Patna High Court CR. MISC. No.7731 of 2020(2) dt.16-06-2020 3/3 (iii) The learned court below shall finally decide the issue of either confirming the provisional bail to be granted to the petitioner or revoking the same, depending upon the outcome of the mediation proceedings as also upon independent application of mind on the merits of the case.

(iv) For a period of six weeks from today, the petitioner shall not be arrested, however, in case, the petitioner does not surrender before the learned court below within a period of six weeks from today, the interim protection, being so granted to the petitioner, shall stand revoked and the petitioner would be liable to be arrested forthwith.

The present petition stands disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) Ajay/- U