Lavkush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23826 of 2023 Arising Out of PS. Case No.-428 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== LAVKUSH KUMAR S/o Ram Bhajan Parit @ Ram Bhajan Pandit Resident of vill-Shekhauna, P.S.-Ghorasahan, Dist.-East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RAGNI DEVI @ RAGNI KUMARI W/o Lavkush Kumar, D/o Harishchandra Parit Residing at Vill.-Mathwa, P.S.-Pakridayal, Dist.-East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Sangeet Deokuliar, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-01-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Complaint case no. 428(C) of 2022, disclosing offences punishable under Sections 498(A), 323/34 of the Indian Penal Code.

3.

The case of the complainant is that the marriage of the complainant was solemnized with the petitioner on 19.04.2014 and after marriage, due to non-fulfilment of the demand for dowry, the petitioner and others started committing cruelty and torturing the complainant, physically as well as mentally.

Patna High Court CR. MISC. No.23826 of 2023(6) dt.10-01-2024 2/3 4.

In order to explore the possibility of revival of conjugal relationship between husband and wife, this Court, vide its order dated 13.12.2023, directed the petitioner as well as opposite party no. 2 i.e. wife to be present, physically in the Chamber, today. Learned counsel for the petitioner along with the petitioner, in person, are present before this Court in Chamber, however, learned counsel for the complainant submits that due to unavoidable circumstances, the complainant has not turned up today. Learned counsel for the petitioner further submits that some effort for amicable settlement between the parties was taken by learned court below while hearing the bail application of the petitioner but there also, the wife- opposite party no. 2 did not turn up.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that petitioner is present in person for amicable settlement whereas wife has failed to appear before this Court and had also did not appear before the learned District Court for settlement, I am inclined to grant privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let the petitioner, above named, in the event of his

Patna High Court CR. MISC. No.23826 of 2023(6) dt.10-01-2024 3/3 arrest/surrender before the learned Court below within a period of six weeks from today be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Complaint Case No. C-428 of 2022, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T