Engineer Raj Kamla @ Engg. Raj Kamal @ Raj Kamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16262 of 2023 Arising Out of PS. Case No.-163 Year-2021 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== ENGINEER RAJ KAMAL @ ENGG. RAJ KAMAL @ RAJ KAMAL Son of Naresh Kumar Yadav Resident of Nilkanthnagar, Prabhawati Lane, P.S.- Ishakchak, District - Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sushma Kumari Wife of Engineer Raj Kamal @ Engg. Raj Kamal @ Raj Kamal D/o Anjani Kumar Yadav, Resident of New Shivpuri Colony, P.S.- Tilkamanjhi, District - Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Complaint Case No. 163 of 2021, registered for the offence punishable under Section 323, 504, 498A, 34 of the Indian Penal Code.

The marriage of the petitioner is stated to have been solemnized with the complainant on 8.5.2019, as per Hindu rites and rituals, whereafter the complainant had gone to her matrimonial home, however, subsequently, a demand of Scorpio vehicle was made and on account of non-fulfillment of the

Patna High Court CR. MISC. No.16262 of 2023(2) dt.19-05-2023 2/3 same, the petitioner and other accused persons had harassed the complainant and ousted her from her matrimonial home. The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the petitioner is ready and willing to keep her wife with due honour and dignity and is also willing to participate in any mediation proceedings to be initiated by the Court below with a view to amicably settle the matrimonial dispute in question. Per contra, the learned APP for the State has submitted that the best course would be to relegate the petitioner and his wife i.e.

the informant to the mediation process so that the matrimonial dispute in question can be settled amicably. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct the petitioner to surrender before the learned court of Judicial Magistrate, 1st Class, Bhagalpur, in connection with Complaint Case No.

Patna High Court CR. MISC. No.16262 of 2023(2) dt.19-05-2023 3/3 issue notice to the informant-wife and hold mediation proceeding in between the petitioner and his wife with a view to settle the matrimonial disputes in between them amicably. The learned court below is directed to take a final call with regard to either confirming the provisional bail to be granted to the petitioner or revoking the same subject to outcome of the mediation proceeding as also considering the case of the petitioner on merits, without being prejudiced by the dismissal of his anticipatory bail petition by the learned court. In the meantime, for a period of four weeks from today, no coercive steps shall be taken against the petitioner herein. The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U T