Rajmani Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33149 of 2019 Arising Out of PS. Case No.-114 Year-2018 Thana- NAGARNAUSA District- Nalanda ====================================================== Rajmani Thakur, aged about 26 years, Male, Son of Sri Mithlesh Thakur, Resident of Village- Badiha, P.S.- Nagar Nausa, District- Nalanda. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Sima Devi, Daughter of Sudhir Thakur, Resident of Village- Pali, P.S.- Pali, District- Jehanabad.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Lalan Kumar, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State, assisted by learned counsel appearing for the informant.

Petitioner apprehends his arrest in connection with Nagar Nausa P. S. Case No. 114 of 2018, registered for the offences punishable under Sections 341, 323, 504, 498(A), 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the informant and according to prosecution case, the marriage of the petitioner with opposite party no. 2 was solemnized five years ago. However, it is claim of the informant that she was subjected to

Patna High Court CR. MISC. No.33149 of 2019(8) dt.16-11-2019 2/3 cruelty by the petitioner and his other family members on account of non-fulfillment of illegal demand of dowry. The record goes to show that earlier, the dispute of the parties was sent to mediation centre but mediation could not succeed and thereafter, the learned counsels of the parties requested this court to take further step to explore the possibility of amicable settlement between the parties at the level of the court and thereafter, this court directed the petitioner as well as opposite party no. 2 to appear personally before this court so that the dispute of the parties could be resolved. Petitioner is present in the court today but so far as informant is concerned, she did not appear and her learned counsel also expressed his inability to disclose, as to why, she failed to appear before this court. The above stated conduct of the informant goes to show that she does not want to settle the dispute.

Considering the facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner, above named, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)

Patna High Court CR. MISC. No.33149 of 2019(8) dt.16-11-2019 3/3 with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Hilsa in connection with Nagar Nausa P. S. Case No. 114 of 2018, subject to conditions as laid down under Section 438(2) of the CrPC. (Hemant Kumar Srivastava, J) Rajeev Kumar/- U T