Arun Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17210 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- DHANSOI District- Buxar ====================================================== ARUN KUMAR RAM Son of Rupa Ram Resident of Village - Birna, P.S.- Dhansoin, District - Buxar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2020 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 the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Dhansoi P.S. Case No. 9 of 2020 registered for the offence punishable under Sections 341, 323, 504, 498(A)/34 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act.

2/4 The informant has alleged that her marriage was solemnized with the petitioner herein in the year, 2015, whereafter two children have been born out of the said wedlock. It is further alleged by the informant that subsequently, the accused persons including the petitioner started making demand for a motorcycle by way of dowry and upon non-fulfillment of the said demand of the accused persons, the informant is alleged to have been assaulted by the accused persons and thrown out of 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 he 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 APP 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

3/4 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 ACJM IIIrd at Buxar in connection with Dhansoi P.S.Case No. 9 of 2020, 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 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

4/4 against the petitioner herein.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U T