Vinod Kumar Singh @ Sanu @ Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14433 of 2020 Arising Out of PS. Case No.-43 Year-2019 Thana- RASULPUR District- Saran ====================================================== VINOD KUMAR SINGH @ SANU @ SONU Son of Late Prabhu Nath Singh Resident of Village-Dhurapali, Police Station-Rasulpur, District-Saran. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Munita Devi W/o Vinod Kumar Singh @ Sonu D/o Shri Dudhnath Singh Resident of Village-Baniyapur, Police Station-Baniyapur, District-Saran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-06-2020 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 the learned APP for the State.
This is an application for grant of anticipatory bail in connection with Rasulpur P.S. Case No. 43 of 2019 registered for the offence punishable under Sections 323, 325, 498A, 379 and 504/34 of the
2/4 Indian Penal Code.
The informant has stated that her marriage was solemnized with the petitioner on 27.5.2011 according to Hindu Rites and Customs, whereafter, for some time, she had lived peacefully, however subsequently, the accused persons including the petitioner herein, who is her husband, started torturing her on account of non-fulfillment of the demand for dowry and finally, on 29.6.2018, she was beaten by the accused persons and she was kicked out of her matrimonial home.
The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the petitioner is ready to keep her wife with due dignity and honour and for the said purpose, he is ready to enter into a mediation with his wife.
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 fact that the petitioner is ready to
3/4 keep his wife with due dignity and honour, I deem it fit and proper to grant liberty to the petitioner to surrender before the learned court below within a period of two weeks from today, whereupon the learned court of A.C.J.M.-XI, Saran at Chapra in connection with Rasulpur P.S.Case No. 43 of 2019 shall grant provisional bail to the petitioner herein on the very same day, subject to such conditions as may be deemed fit and proper to be imposed by the learned court below and then, the learned court below shall issue summons to the wife and hold mediation proceedings in between the petitioner and his wife so that the matrimonial disputes amongst them can be settled amicably. It is further directed that depending on the outcome of the mediation proceedings, the learned court below shall take a final call with regard to either confirming the provisional bail to be granted to the petitioner herein or revoking the same, after applying independent mind to the facts and circumstances of the case.
The present petition stands disposed of with
4/4 the aforesaid directions.
(Mohit Kumar Shah, J) Ajay/- U T