Lokesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37343 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- PIPRAKOTHI District- East Champaran ====================================================== Lokesh Kumar S/O Mahilal Rai @ Heeralal Rai R/O Village- Harpur, P.S.- Pipra Kothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gyan Prakash Mr. Rakesh Kumar No.1 For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2022 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 504/34 of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act. It is a case of cruelty due to non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner made several attempts to reconcile the matter but the informant is a quarrelsome

Patna High Court CR. MISC. No.37343 of 2021(7) dt.10-10-2022 2/3 lady and she herself does not want to live with the petitioner. Hence, finding no option, the petitioner had filed Divorce Case No. 03. of 2020 on 24.12.2020 for dissolution of marriage and thereafter the present F.I.R has been registered against the petitioner. The informant has also filed a case for maintenance before learned Court below.

Learned counsel appearing on behalf of the informant has submitted that torture has been inflicted on behalf of the petitioner and without any rhyme or reason, the divorce case has been filed. The informant is still ready to live with the petitioner as wife. It appears that the matter was earlier heard on 22.01.2022 and with consent of both the parties, the matter was referred to the Mediation & Conciliation Centre of Patna High Court and in the meantime, the petitioner was granted provisional anticipatory bail. The report of the Mediator is at Flag-M which suggests that the matter could not be resolved through

Patna High Court CR. MISC. No.37343 of 2021(7) dt.10-10-2022 3/3 the process of mediation.

In the facts and circumstances of the case, the provisional bail granted to the petitioner vide order dated 22.01.2022 is hereby confirmed.

(Sunil Kumar Panwar, J) Shageer/- U T