Deepak Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18669 of 2022 Arising Out of PS. Case No.-87 Year-2019 Thana- MAKER District- Saran ====================================================== DEEPAK BAITHA Son of Suresh Baitha Resident of Village - Tara Amnour, P.s.- Maker, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Rinku Devi W/o Deepak Baitha , D/o Musafir Baitha Resident of Village - Tara Amnour, P.S.- Maker, Distt.- Saran at Chapra. Presently reising at Village - Bharpura, P.s.- Sonpur, Distt.- Saran at Chapra. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kumar Yadav, Advocate For the Opposite Party/s :
Mr.Bal Mukund Prasad Sinha, APP For the Informant :
Mr. Prabhakar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner, learned APP for the State and the informant.
Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The case is registered under Sections 341, 323, 498A and 34 of the Indian Penal Code in connection with Maker P.S. Case No. 87 of 2019.
As per the prosecution story, though the marriage is of more than a decade old, the allegation of the informant is that she was regularly tortured/assaulted/abused/beaten by
Patna High Court CR. MISC. No.18669 of 2022(3) dt.19-09-2022 2/3 the petitioner herein for want of dowry. The demand as per the informant was of a motorcycle and cash of Rs. 80,000/-. In the meanwhile, she was blessed with two children too. In this case, considering the fact that the informant was willing to save her marital life, this Court wanted a chance to be given to the petitioner through the process of mediation to resolve the issue and take back the informant along with the children with dignity. The said order was passed on 27.7.2022 in which he was also granted provisional bail for six weeks to resolve the said issue. The report was submitted by the Mediator, according to which, the process of mediation took place but it failed.
The aforesaid fact endorses the allegation made by the informant in the FIR.
In view of the aforesaid facts, the provisional bail granted to the petitioner vide order dated 28.7.2022 is hereby recalled and the present bail application is hereby rejected. The petitioner will forthwith surrender before the learned Trial Court failing which it shall take step for his immediate arrest.
The Trial Court is further directed to expedite the
Patna High Court CR. MISC. No.18669 of 2022(3) dt.19-09-2022 3/3 trial and conclude the same preferably within a period of nine months.
(Rajiv Roy, J) Ravi/Ajay Singh U T