Binod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20137 of 2019 Arising Out of PS. Case No.-334 Year-2018 Thana- DHARHARA District- Munger ====================================================== Binod Sah, Son of Late Sarjug Sah, Resident of Village - Bhagichak, P.S.- Nayaramnagar, Distt.- Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kajal Kumari, D/o Manohar Sah, Resident of Village - Amari , P.S.- Dharhara, P.O.- Amari (Dharhara), Distt.- Munger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 This is an application for grant of anticipatory bail in connection with Dharahara P.S. Case No. 334 of 2018, disclosing offences under Sections 147, 148, 149, 323, 341, 406, 498A, 323, 511 of IPC and Section 3⁄4 of Dowry Prohibition Act. Case is under Section 498A of IPC with respect to demand of Rs.1,00,000/- and for that, petitioner assaulted the opposite party no.2.

On appearance of opposite party no.2, the matter was referred to the District Mediation Center, Munger and the report of the mediator has been received through the Secretary, District Legal Services Authority, Menger, which is kept at Flag 'D', which disclosed that opposite party no.2 is not ready to reside with the petitioner, rather she is interested for divorce, though

Patna High Court CR. MISC. No.20137 of 2019(4) dt.22-07-2019 2/2 the petitioner is ready to keep her with dignity and care and as such, mediation failed.

Submission of the learned counsel for the petitioner is that he is still ready to keep her with dignity and care, but she is not ready to reside with him.

Heard learned A.P.P. also.

Nobody appears on behalf of the opposite party no.2/complainant.

In such view of the matter, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned C.J.M., Munger, in connection with Dharahara P.S. Case No. 334 of 2018,, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T