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Patna High CourtCR. MISC./20131/2020bail granted

Bablu Kumar @ Bablu Barnwal v. The State Of Bihar

2022-03-29Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20131 of 2020 Arising Out of PS. Case No.-336 Year-2019 Thana- SONO District- Jamui ====================================================== BABLU KUMAR @ BABLU BARNWAL Son of Sri Krishna Burnwal @ Krishna Pd. Modi, Resident of Village - Sono, P.S.- Sono, Distt.- Jamui. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Shweta Devi @ Neetu Devi W/o Bablu Burnwal @ Bablu Kumar Resident of Village - and P.S.- Sono, Dist.- Jamui, At Present Devendra Prasad Burnwal, Village - Malda, P.S.- Ganwa, Dist.- Giridih (Jharkhand). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-03-2022 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, registered in connection with Sono P.S.Case No. 336 of 2019(G.R.No.3282/2019).

As per allegation, the informant Sweta Devi was married to the petitioner in year 2010. After marriage, the petitioner and other matrimonial inmates demanded Rs. 3,00,000/- as dowry. She was tortured for non-fulfilment of dowry demand. A Panchayati was also convened to pacify the

Patna High Court CR. MISC. No.20131 of 2020(5) dt.29-03-2022 2/3 matter, but it proved futile. Ultimately, she was ousted from her matrimonial house.

By filing some medical prescriptions of Central Institute of psychiatry, Govt. of India, the learned counsel for the petitioner has submitted that the real fact is that the informant is psychiatric patient and the petitioner has facilitated her treatment in higher institute of medical sciences, but she was not ready to take medicines and on persistent requests, she has filed this case.

The matter was referred to the Patna High Court Mediation and Conciliation Centre, but the process of mediation could not be successful. As per the report, the petitioner is not interested to resolve the matter.

From perusal of the papers/documents filed on behalf of the petitioner, it appears that the treatment of opposite party no.2 was going on in Central Institute of psychiatry, Kanke, Ranchi, which might be the reason that the petitioner is not ready to reside with the opposite party no.2. Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.20131 of 2020(5) dt.29-03-2022 3/3 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Bharti Kumar, learned J.M. 1st Class, Jamui in connection with Sono P.S.Case No. 336 of 2019 (G.R.No.3282/2019), subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) HR/- U T