Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40795 of 2023 Arising Out of PS. Case No.-1465 Year-2019 Thana- COMPLAINT CASE District- Jamui ====================================================== Chandan Kumar S/O Late Suresh Mahto R/O Village- Bhatui, P.S- Mananpur, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sonam Kumari @ Rajpati Kumari W/O Chandan Kumar, Daughter of Surendra Mahto, R/O Village- Neem Nawada, P.S- Jamui, Distt.- Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Advocate For the State :

Mr.Parmanand Prasad, 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.1465 (C) of 2019, in which cognizance has been taken under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3.

The case of the complainant, in brief, is that her marriage was solemnized with the petitioner on 21.07.2018, as per Hindu Rites and Rituals, whereafter she had gone to her matrimonial home and subsequently the accused

2/4 persons, including the petitioner herein, started demanding dowry to the tune of Rs.3 lakh and on account of non-fulfillment of the same, she was tortured, harassed and then thrown out of 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.12 of the present petition, that the petitioner is ready and willing to keep his wife i.e. the opposite party no. 2complainant with due honour and dignity and he is also ready to participate in mediation proceedings, if any, to be initiated by the Ld. 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

3/4 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 Sub Divisional Judicial Magistrate, Jamui, in connection with Complaint Case No.1465 (C) of 2019, within a 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

4/4 weeks from today, no coercive steps shall be taken against the petitioner herein.

9.

The present petition stands disposed of on the aforesaid terms.

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