Deepak Sah @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26231 of 2020 Arising Out of PS. Case No.-1007 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== DEEPAK SAH @ DEEPAK KUMAR Son of Kewal Sah Resident of Sakrihia Bardiha, P.S.- Vidhan, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Laxmi Kumari Wife of Deepak Sah, Daughter of Rohit Sah Resident of Sakrohia, Bardiha, P.S.- Nawkothi, District- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-10-2020 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 Shri Rajednra Nath Jha, learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 1007 of 2019 for the offence registered under Sections 323 and 498(A)/34 of the Indian Penal Code. The complainant has alleged that she has been tortured mentally and physically by the petitioner-husband and other accused persons on account of non-fulfillment of the demand

Patna High Court CR. MISC. No.26231 of 2020(2) dt.19-10-2020 2/3 for dowry.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and 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 A.P.P. 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 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 Judicial Magistrate-IInd Class, Begusarai in connection with Complaint Case No. 1007 of 2019, 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 further directed to take a final

Patna High Court CR. MISC. No.26231 of 2020(2) dt.19-10-2020 3/3 call with regard to either confirming the provisional bail to be granted to be petitioner or cancelling the same subject to outcome of the mediation proceedings as also upon consideration of the case of the petitioner on merits, without being prejudiced by the dismissal of his anticipatory bail petition earlier, by the learned court below. In the meantime, for a period of four weeks from today, no coercive steps shall be taken against the petitioner herein. The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U T