Banhu Ram v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10021 of 2019 Arising Out of PS. Case No.-1178 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Banhu Ram, Son of Sri Bhutti Ram, Resident of village Sonvarsha, p.sGopalpur, Dist-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kiran Devi, Wife of Sri Banhu Ram, Resident of village Sonvarsha, p.sGopalpur,Dist-West Champaran,At Present, Daughter of Sri Bhargasan Ram, Resident of village- Gamhariya Gahiri, P.S.-Nautan, District-West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1178 of 2017 (S.C. No. 1290 of 2018), disclosing offences under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act. Case is under Section 498-A of the IPC with an allegation of demand and torture to the complainant-wife. On appearance of the opposite party no. 2, the matter was referred to the Patna High Court Mediation & Reconciliation Center, vide order dated 25.04.2019. The report of Mediator is available on record at Flag "M" which disclosed that mediator has fixed dates on three times, but petitioner did not choose to appear before the mediation center and as such,

Patna High Court CR. MISC. No.10021 of 2019(4) dt.22-07-2019 2/3 mediation failed. However, there is a submission on behalf of the petitioner that order could not be communicated to the petitioner.

Heard learned APP and learned counsel for the opposite party no.2 also.

In such view of the matter, let the petitioner, above named, surrender before the learned court below on 31.07.2019 and on condition that if he is ready to pay Rs.3000/- per month to the opposite party no.2 for a period of one year and it is expected that during that period, the opposite party no.2 shall approach the Family Court for grant of maintenance, the petitioner shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Sub- Divisional Judicial Magistrate, Bettiah, West Champaran, in connection with Complaint Case No. 1178 of 2017 (S.C. No. 1290 of 2018), subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/-

Patna High Court CR. MISC. No.10021 of 2019(4) dt.22-07-2019 3/3 U T