Shibu Yadav @ Shiv Shankar Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13671 of 2024 Arising Out of PS. Case No.-513 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Shibu Yadav @ Shiv Shankar Prasad Yadav, (M), aged about 34 years, ,SON OF SHRI YADAV, Resident of Village - KAJI BATAY, PS- AKBARPUR, PO- CHAMOTHA, DIST- NAWADA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangeeta Devi W/o Shibu Yadav @ Shiv Shankar Prasad Yadav, D/o Late Chando Yadav R/o vill - Madra, P.S. - Kauwakol, P.O. - Madra, Distt. - Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar, Advocate Mr. Vijay Kumar, Advocate Mr. Rohit Kumar, Advocate For the State :

Mrs. Gulnar Begum, APP For the O.P. No.2 :

Mr. Birendra Kumar, Advocate Mr. Kumud Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-11-2024 Heard the parties.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No.513 of 2022 registered for the offence(s) punishable under Section 498(A) of the Indian Penal Code.

3. The present case relates to matrimonial dispute

Patna High Court CR. MISC. No.13671 of 2024(6) dt.20-11-2024 2/3 between the petitioner and the opposite party no.2, who are husband and wife. The allegation against the petitioner is of assaulting the opposite party no.2 for non-fulfillment of demand of dowry.

4. Learned counsel appearing on behalf of the parties submitted that the dispute between the parties could not be resolved through the process of mediation and a report dated 26.10.2024 to that effect has been submitted by the learned Mediator, which has been kept at Flag "M".

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the fact that the parties have already availed remedy before the learned Mediator and the mediation has failed, I don't find any reason to keep pending the present bail application and as such, the petitioner, above named, is directed to be released on pre-arrest bail, so that the petitioner and O.P. No.2 can resolve their dispute amicably.

7. The District Court is directed to release the petitioner in the event of his arrest or surrender within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,

Patna High Court CR. MISC. No.13671 of 2024(6) dt.20-11-2024 3/3 1st Class, Nawada in connection with Complaint Case No.513 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Sanjay/- U T