Ravi Kumar Pandey @ Sonu @ Sonu Pandey v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14310 of 2019 Arising Out of PS. Case No.-533 Year-2018 Thana- KESARIA District- East Champaran ====================================================== Ravi Kumar Pandey @ Sonu @ Sonu Pande, Son of Baban Pandey, Resident of Village/At - Sareya, Ward No. 2, P.S.- Gopalganj Town, District - Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ritika Devi @ Annu Devi, D/O - Satyendra Nath Pandey, Wife of Ravi Kumar Pandey @ Sonu Resident of Village - At- Kesariya, Purani Bazar, Ward No. 9, P.S.- Kesariya, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner, learned counsel for the informant-opposite party no. 2 and learned APP for the State.

The petitioner and the informant are present in the Court.

The petitioner, being the husband of the informant, is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498A/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. The prosecution case, as per the FIR, is to the effect that the marriage of the informant was performed with the petitioner on 13.07.2016, but subsequent to the marriage, further demand of dowry of Rs. 5 lacs was made and due to non-

Patna High Court CR. MISC. No.14310 of 2019(5) dt.10-07-2019 2/3 fulfillment of the same, torture was inflicted on the informant by the petitioner and other in-laws family members. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and he is ready to settle the dispute with the informant, statement to that effect has been made in paragraph 16 of the petition, which reads as follows:- "That the petitioner is still ready to settle the dispute." It is further submitted that the petitioner has filed Matrimonial Suit No. 46 of 2018 with a prayer for restitution of conjugal life, wherein the informant appeared and filed her reply on 31.05.2018, and thereafter, as a retaliatory measure, the present FIR has been lodged on 14.12.2018.

On the joint prayer of the parties, the matter was referred to the Mediation Centre vide order dated 24.04.2019. The report of the Mediator dated 25.06.2019 at Flag 'Y' suggests that the issue has been resolved and the petitioner and informant are residing together as husband and wife. Both petitioner and informant, who are present in Court, accept that the issue has been resolved and they are residing together.

In the circumstances, learned counsel for the

Patna High Court CR. MISC. No.14310 of 2019(5) dt.10-07-2019 3/3 informant is not opposing the prayer for anticipatory bail of the petitioner.

Considering the fact that the issue has been resolved between the parties and the petitioner and informant are residing together as husband and wife, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Kesariya P.S. Case No. 533 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T