Mantu Ram @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14134 of 2020 Arising Out of PS. Case No.-819 Year-2019 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== MANTU RAM @ MANTU KUMAR Son of Surendra Ram Resident of Village- Pipariyan, P.S.- Ramgarh, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Anjani Devi Wife of Mantu Ram @ Mantu Kumar, Daughter of Thribhuwan Ram Resident of Village- Pipariyan, P.S.- Ramgarh, District- Kaimur at Bhabua. At present Address- resident of Village- Ramgarh, P.s.- Bhagwanpur, District- Kaimur at Bhabua.

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

For the Petitioner/s :

Mr.Parwej Khan For the Opposite Party/s :

Mrs. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 819 of 2019 for the offence registered under Section 498(A) of the Indian Penal Code. The case of the complainant is that her marriage was solemnized with the petitioner on 29.04.2018 as per the Hindu

Patna High Court CR. MISC. No.14134 of 2020(3) dt.08-09-2020 2/3 rites and rituals whereafter she had gone to her in-laws place, however, subsequently the petitioner and his family members started demanding dowry and on account of non-fulfillment of the demand of dowry, they used to assault and abuse her whereafter the complainant is stated to have been ousted from her matrimonial home.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner is ready and willing to keep his wife with due honour and dignity.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available in the case dairy, I deem it fit and proper to grant liberty to the petitioner to surrender before the learned court of Judicial Magistrate-1st Class, Kaimur at Bhabua in connection with Complaint Case No. 819 of 2019, within a period of four weeks from today, whereupon the petitioner shall be admitted to the privilege of provisional bail on the very same day and then the

Patna High Court CR. MISC. No.14134 of 2020(3) dt.08-09-2020 3/3 learned court below shall issue notice to the complainant-wife and hold mediation proceeding in between the petitioner and his wife with a view to settle the matrimonial disputes between them.

The learned court below is directed to take a final call with regard to either confirming the provisional bail to be granted to be 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 below. 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) S.Sb/- U T