Indrjeet Chaudhary @ Inderjeet Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16145 of 2023 Arising Out of COMPLAINT CASE No.-603 Year-2022 District- Gaya ====================================================== Indrjeet Chaudhary @ Inderjeet Chaudhary S/O Gouri Shankar Resident of Village- Beldari Tola, Rajendra Ashram, P.S.- Civil Lines, Gaya, DistrictGaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surekha Kumari, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-05-2023 Heard the learned counsel for the petitioner and the learned APP for the State. This is an application for grant of anticipatory bail in connection with Complaint Case No.603 of 2022, registered for the offences punishable under Sections 341, 323, 379, 498A, 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The case of the complainant, in brief, is that her marriage was solemnized with the petitioner on 30.01.2022, as per Hindu rites and rituals, during the course whereof, cash and various articles, ornaments, etc. were given by the

2/4 parents of the complainant to the petitioner and his family members, whereafter the complainant had gone to her matrimonial home, however, after sometime, the accused persons including the petitioner herein started demanding dowry and on account of non-fulfilment of the same, she was tortured and finally 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 case and he is not only having a clean antecedent. It is further submitted that the petitioner is not only ready and willing to keep his wife with due honour and dignity but is also not averse to the idea of joining the mediation process, in case the same is initiated by the learned Trial Court for the purposes of amicably settling 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 complainant to the mediation process so that the

3/4 matrimonial dispute in question can be settled amicably.

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 on record, I deem it fit and proper to grant liberty to the petitioner to surrender before the learned court of Chief Judicial Magistrate, Gaya in connection with Complaint Case No.603 of 2022, within a period of six weeks from today, whereupon the petitioner shall be admitted to the privilege of provisional bail on the very same day and then the 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 the petitioner or revoking the same subject to outcome of the

4/4 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 six 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) kanchan/- U T