Rajiv Kumar Mahtha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47953 of 2023 Arising Out of PS. Case No.-1047 Year-2021 Thana- COMPLAINT CASE District- Jamui ====================================================== RAJIV KUMAR MAHTHA Son of Khelu Pasi @ Khelu Mahtha Resident of village - Barmasiya, P.S. - Jhajha, Distt. - Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mamta Devi D/o Guljari Chaudhary Resident of village - Babudih, P.s. - Sono, Distt. - Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-08-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Complaint Case No.1047(C) of 2021, registered for the offences punishable under Sections 323 and 498(A) of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

3.

The case of the complainant, in brief is that, her marriage was solemnized with the petitioner on 03.03.2014, as per Hindu rites and rituals, whereafter she had gone to her matrimonial home, however, subsequently, the accused persons, including the petitioner herein had started demanding a sum of Rs.4,00,000/-, by way of dowry. It is also alleged that

Patna High Court CR. MISC. No.47953 of 2023(2) dt.19-08-2023 2/3 subsequently, she had given birth to a female child and then the pressure for fulfilling the demand for dowry, at the behest of the accused persons, had increased and on account of nonfulfillment of the demand for dowry, the complainant was tortured and finally she was ousted from her matrimonial home. 4.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted, by referring to paragraph no.7, of the present petition, that the petitioner is ready and willing to keep his wife, with due honor and dignity and for the said purposes, he is also ready to participate in mediation proceedings, if any, to be initiated by the learned Court below, in order to resolve the matrimonial disputes amicably.

5.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail. 6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct the petitioner to surrender before the learned Court of S.D.J.M., Jamui, in connection with Complaint Case No.1047(C) of 2021, within a

Patna High Court CR. MISC. No.47953 of 2023(2) dt.19-08-2023 3/3 period of four weeks from today, whereupon the petitioner shall be admitted to the privilege of provisional bail on the very same day and then the learned court below shall issue notice to the complainant wife and hold mediation proceeding in between the petitioner and his wife with a view to settle the matrimonial disputes between them amicably.

7.

The learned court below is directed to take a final call with regard to either confirming the provisional bail to be granted to the petitioner or revoking the same subject to outcome of the mediation proceeding as also considering the case of the petitioner on merits, without being prejudiced by the dismissal of his bail petition by the learned court below. 8.

In the meantime, for a period of four weeks from today, no coercive steps shall be taken against the petitioner herein.

9.

The present petition stands disposed off on the aforesaid terms.

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