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Patna High CourtCR. MISC./349/2019bail granted

Pankaj Kumar Sah @ Pankaj Kumar v. The State Of Bihar

2019-01-17The Chief Justice-2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.349 of 2019 Arising Out of PS. Case No.-18 Year-2017 Thana- MAHILA PS District- Khagaria ====================================================== PANKAJ KUMAR SAH @ PANKAJ KUMAR son of late Bhagwat Sah, resident of village-Ratanganj, P.S.- Gopalpur, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Advocate For the Informant :

Mr. Rajesh Kumar, Advocate For the State :

Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 17-01-2019 Heard Shri Ranjeet Kumar Singh, learned counsel for the petitioner, Shri Rajesh Kumar, learned counsel for the informant-complainant and Shri Panchanand Pandit, learned APP for the State.

The applicant is sought to be prosecuted on the basis of allegations of demand of dowry made in the complaint petition.

The marriage took place about 17 years hence. There are four children born out of the wedlock.

Learned counsel for the informant-complainant submits that as a matter of fact the applicant's behaviour and his attitude has resulted in this moving of an application by the informant-complainant who was tortured and driven out of the house. It is orally alleged that the applicant has developed some

Patna High Court Cr.Misc. No.349 of 2019(2) dt.17-01-2019 2/2 intimacy with another lady. However, there is no such allegation contained in the application of the informant under Section 156

(3) Cr.P.C.

Having gone through the contents thereof as also upon having perused the rejection order dated 26.11.2018 and the background in which the bail has been sought, this is a fit case where the parties should immediately endeavour to enter into negotiations by way of mediation. No fruitful purpose would be served by keeping the applicant behind bars in the background aforesaid.

Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Khagaria in connection with Khagaria (Mahila) P.S. Case No. 18 of 2017, G.R. No. 1050/2017.

The parties shall endeavour to get the same mediated at the Mediation Centre of the District Court. (Amreshwar Pratap Sahi, CJ) P.K.P./- U