Navin Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25236 of 2019 Arising Out of PS. Case No.-217 Year-2018 Thana- PARSA District- Saran ====================================================== NAVIN KUMAR SINGH Son of Madhusudan Singh Resident of Village - Chephul, P.S.- Daudpur, Distt- Saran. At Present R/o Mohalla- Prabhunath Nagar Tardi (Primary School Tardi), P.S.- chapra Mufassil , Distt.- Saran. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Priya Kumari D/O Rajeshwra Prasad Singh R/O Vill. Bhagwanpur , P.S Parsa District Saran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Parsa P.S.Case No.217 of 2018 , registered for offences punishable under Sections 341, 323, 504, 406, 498(A) of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. Allegation against the petitioner, who is husband of the informant, is that he assaulted and tortured her for nonfulfillment of the demand of Rs.2 lac. Submission of the learned counsel for the petitioner is that due to ill behaviour and short temperament of the complainant, it is not possible for him to keep her and he has photographs of ill behaviour also.
Patna High Court CR. MISC. No.25236 of 2019(6) dt.01-10-2019 2/3 In this case after appearance of the O.P.no.2, the matter was referred to the Mediation Centre and it appears from the mediation report at flag 'M' that O.P.no.2 has not appeared in the mediation, in view of that the mediation failed. Heard learned A.P.P. as well as the learned counsel for the informant, who has submitted that as she was not communicated the date as such she could not appear. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below on 17.10.2019 and on that day O.P.no.2 shall also remain present in the court and once both the parties appear, the learned court below shall release the petitioner on provisional bail in connection with Parsa P.S.Case No.
217 of 2018 and send the matter to the District Mediation Centre for mediation by way of one time settlement or maintenance or any other order and within a period of three months the mediator will settle the dispute and after receiving the mediation report, the learned court below will pass appropriate order either confirming the bail bond of the petitioner or he may pass any other order or orders as he deems fit and proper.
Patna High Court CR. MISC. No.25236 of 2019(6) dt.01-10-2019 3/3 At the same time, it is also made clear that if the O.P.no.2 does not appear before the learned court below, the learned court below shall release the petitioner on bail to his own satisfaction.
With the above direction, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T