Ratan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32175 of 2019 Arising Out of PS. Case No.-351 Year-2016 Thana- COMPLAINT CASE District- Banka ====================================================== 1.

RATAN DAS Son of Late Dasharath Das Resident of Village - Karshop, P.S.- Shambhuganj, Dist.- Banka.

2.

Bimli Devi @ Mira Devi Wife of Late Dasharath Das Resident of Village - Karshop, P.S.- Shambhuganj, Dist.- Banka.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Munni Devi Wife of Ratan Das , D/o Sudin Das Resident of Village - Logay, P.S.- Fullidumar, Dist.- Banka.

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 351 of 2016, disclosing offences under Sections 323, 498A and 504 of the Indian Penal Code. Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to torture and ousting from the house for non fulfilment of demand of dowry.

Submission of learned counsel for the petitioner is that he is always ready to keep the complainant with full honour and dignity as a wife and allegation is false and concocted and considering the same, on appearance of opposite party no. 2, the

Patna High Court CR. MISC. No.32175 of 2019(5) dt.07-11-2019 2/2 matter was referred to Patna High Court Mediation and Conciliation Centre, Patna.

However, from the report of learned Mediator, which is kept at Flag 'X', it appears that due to non appearance of opposite party no. 2, the dispute could not be resolved through the process of mediation.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is allowed. Provisional bail granted to the petitioner vide order dated 17.05.2019 is confirmed with condition that if opposite party no. 2 desires to live with the petitioner, he has to keep her with full honour and dignity.

(Vinod Kumar Sinha, J) sunilkumar/- U T