Suraj Prakash Pandey @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21396 of 2021 Arising Out of PS. Case No.-112 Year-2019 Thana- DUMARIAGHAT District- East Champaran ====================================================== SURAJ PRAKASH PANDEY @ SURAJ KUMAR Son of Rajdeo Pandey Resident of Village- Sirani Nayka Tola, Police Station - Malahi, District- East Champaran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Nidhi Kumari Pandey Daughter of Late Chandra Mohan Pathak Resident of Village - Pakari, Police Station - Dumariya Ghat, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Informant :

None.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2022 No one appears on behalf of the Informant.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, who is the husband of the informant, apprehends his arrest in a case registered for the offences punishable under Sections 494, 498(A)/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. It is next submitted that the matter was referred to the Mediation and Conciliation Centre of the Patna High Court to sort out the problem between the petitioner and the informant by order dated 09.02.2022. It is

Patna High Court CR. MISC. No.21396 of 2021(5) dt.27-06-2022 2/3 next submitted that the Mediator has submitted his report on 17.05.2022 wherein it has been recorded that in spite of best and sincere efforts and due to non-appearance of the opposite party no. 2, the mediation could not succeed, thus, the mediation failed. Learned counsel submits that the informant for reasons best known did not appear before the Mediator as per direction of this Court. It is next submitted that petitioner has information that opposite party no. 2/informant has performed her second marriage and is staying at Gorakhpur and, as such, was not appearing before the Mediator.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner but is not able to meet the submission of the learned counsel for the petitioner that despite order of this Court the opposite party no. 2/informant failed to appear before the Mediator for sorting the differences between her and the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.21396 of 2021(5) dt.27-06-2022 3/3 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dumariyaghat P.S. Case No. 112 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T