Rajvardhan Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48265 of 2021 Arising Out of PS. Case No.-1341 Year-2020 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== RAJVARDHAN MEHTA Son of Ganesh Mehta Resident of Village Dhiya Baluwa Police Station Ke Nagar Srinagar, District - Purnia. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikram Singh For the Opposite Parties :
Mr. Gauri Shankar Gupta Mr. Sada Nand Roy Mr. Shankar Kumar Mr. Shobha Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2022 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.
Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.
It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over
Patna High Court CR. MISC. No.48265 of 2021(7) dt.17-10-2022 2/3 the demand of dowry. He is still ready to keep her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.
From perusal of the order-sheet, it appears that vide order dated 21.06.2022, the matter was sent to the Mediation Center for amicable settlement of dispute between the parties. Now, the learned Mediator has submitted its report stating that in spite of his best efforts, the dispute between the parties could not be resolved.
In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Case No.1341 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Petitioner is ready to pay Rs.5,000.00 (Rupees Five Thousand) per month to opposite party no.2 in the second week
Patna High Court CR. MISC. No.48265 of 2021(7) dt.17-10-2022 3/3 of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 in the learned Court below.
If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T