Golu Kumar @ Ritu Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14237 of 2023 Arising Out of PS. Case No.-371 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Golu Kumar @ Ritu Raj Son Of Sri Surendra Singh R/O VillageGhoshtawon, P.S.- Nawada, District- Nawada ... ... Petitioner

Versus

1.

The State of Bihar 2.

Smt. Lakki Kumari D/O Rajnikant Sharma R/O Village- Naromurar, P.S.- Varsaliganj, District- Nawada, Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Prabhat Ranjan, Advocate For the State :

Mr.Humayou Ahmad Khan, APP For the Complainant :

Mr.Rajesh Ranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Complaint Case No. 371 of 2022 registered for the offences punishable under Sections 498A and 323 of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application. As per the prosecution story, the complainant has alleged that she was married with this petitioner on 24.05.2021 and after marriage the petitioner was started demanding one four wheeler car and her in-laws members were also demanding Rs. 2 Lakhs and other domestic

2/4 articles. She alleged that when she refused call her parents regarding the demand, she was subjected to threat. Learned counsel for the petitioner submits that petitioner has been forcibly married when he was a minor and in this connection he has filed an informatory petition whereafter he has also filed a matrimonial case in the court of learned Principal Judge, Family Court, Nawada for declaration of marriage as null and void.

Learned counsel for the complainant - O.P. No. 2 however submits that it was an arranged marriage which the petitioner is not accepting few months after the marriage. Both the parties submit that the matter may be sent to the Mediation Centre for an amicable resolution of dispute. Learned counsel for the petitioner submits that to show his bonafides, without prejudice to his rights and contentions the petitioner would pay a sum of Rs. 2000/- per month to the opposite party no. 2 subject to any other order which may be passed by the competent court or an agreement between the parties.

Having regard to the facts and circumstances of the case, in the nature of the submissions noted

3/4 hereinabove, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Ms. Niharika Singh, Judicial Magistrate - 1st Class, Nawada, in connection with Complaint Case No. 371 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

And further condition that in terms of his own offer and undertaking the petitioner shall pay Rs. 2000/- per month to the opposite party no. 2 subject to any other order passed by the competent court of law.

4/4 The learned court below is directed to send the records of this case to the Mediation Centre attached to the Civil Court, Nawada where both the parties may take efforts to amicably resolve their dispute.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T