Umesh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29761 of 2022 Arising Out of PS. Case No.-71 Year-2021 Thana- MAHILA P.S. District- Saran ====================================================== UMESH MISHRA Son of Jitendra Mishra Resident of Village - Mohabbat Parsa, P.S.- Rivilganj, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Archana Sinha @ Archana Shahi, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Mahila PS case no. 71 of 2021 instituted for the offences punishable under Sections 498(A) of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

The case of the prosecution, in brief, is that the informant was married with the petitioner in the year 2011, whereafter, on account of certain matrimonial disputes and the petitioner being alleged to have assaulted the informant, the informant was compelled to flee away from her matrimonial home.

The learned counsel for the petitioner submits

Patna High Court CR. MISC. No.29761 of 2022(3) dt.23-01-2023 2/3 that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 20.02.2022. The learned counsel for the petitioner has further submitted that the petitioner is accused in one other case but he is on bail in the said case. It is also submitted that the petitioner is ready to participate in the mediation proceedings, if any, to be initiated by the learned trial court. Per contra, the learned APP 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 on record, I deem it fit and proper to grant provisional bail to the petitioner herein, subject to such conditions, as may be deemed fit and proper to be imposed by the learned court of S.D.J.M., Chapra in connection with Mahila P.S. Case No. 71 of 2021.

It is further directed that the learned court below shall then engage the informant-wife and the petitioner in mediation proceedings, with a view to settle the matrimonial disputes between them.

It is needless to state that the learned court below

Patna High Court CR. MISC. No.29761 of 2022(3) dt.23-01-2023 3/3 shall take a final call with regard to either confirming the provisional bail to be granted to the petitioner or revoking the same subject to the final outcome of the mediation proceedings as also considering the case of the petitioner on merits, without being prejudiced by the earlier dismissal of his bail petition by the learned court below.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U T