Mithun Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.1099 of 2017 (3) dt.03-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1099 of 2017 Arising Out of PS.Case No. -50 Year- 2016 Thana -DARBHANGA District- DARBHANGA ====================================================== Mithun Kumar, Son of Bishwanath Bhagat, Resident of Village/Mohalla - Maksuspur Bara, Hazaratganj Chowk Gali No. 3 , P.S. Kasim Bazar, Post + District - Munger, Presently posted in Z Unit INS Rana at Vishakhapatnam (Andhra Pradesh) on the rank of LME, 220868-Z. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Kumari Priyanka, Wife of Mithin Kumar and D/o Upendra Prasad Diwakar, R/o Mohalla - Kavora Baad, Basantganj, P.O. Lal Bag, P.S. Town, District Darbhanga.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar, Advocate. For the Opposite Party/s : Mr. Sri Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Town P.S. Case No. 50 of 2016, registered under Sections 498A, 341, 342, 323, 354, 386 and 504 of the Indian Penal Code. The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and driving out from her matrimonial house.

Learned counsel for the petitioner submits that the matter was referred to the Mediation and Conciliation Centre, Patna High Court, Patna, for settlement of dispute between the

Patna High Court Cr.Misc. No.1099 of 2017 (3) dt.03-07-2017 petitioner and the complainant-opposite party no. 2, who are husband and wife, and the matter has been settled at the Mediation Centre and accordingly, petitioner took his wife, complainantopposite party no. 2 at his house, which would appear from the report dated 29.06.2017 of Mediation Centre.

Learned counsel for the opposite party no. 2 submits that the dispute has already been settled between the petitioner and the complainant-opposite party no. 2 at Mediation Centre, Patna High Court, Patna and complainant had gone to her matrimonial house.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in connection with Town P.S. Case No. 50 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T