Prashant Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37589 of 2019 Arising Out of PS. Case No.-911 Year-2018 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== PRASHANT CHOUBEY Son of Shailendra Choubey Resident of Village and Post Office - Sikariya, P.S.- Shahpur, District - Bhojpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pragati Choubey Wife of Prashant Choubey Resident of Village and Post Office - Sikariya, P.S.- Shahpur, District - Bhojpur, presently residing with her father namely, Late Gopal Tiwari, Bhabhua, Ward no. 21, Tiwari Tola, P.S. - Bhabhua, District - Kaimur ( Bhabhua ) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Advocate Mr. Ramanuj Tiwary For the Opposite Party/s :

Mr.Rajesh Kumar Mishra For the Stat :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.911 of 2018 registered for offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

As per FIR, there is allegation against the petitioner of demand of dowry and torture to the complainant, who happens to be his wife.

Learned counsel for the petitioner has drawn my attention towards order dated 22.10.2019, by which both the parties were

Patna High Court CR. MISC. No.37589 of 2019(5) dt.22-11-2019 2/3 directed to remain present before Mr. Rajendra Narain, learned senior counsel for mediation. as it is submitted that earlier the mediation has failed. It is further submitted that the petitioner was present but the O.P.no.2 has not appeared. It is also submitted that the petitioner is suffering from a serious disease of cancer and he is under treatment at Vedanta. Heard learned A.P.P. and the learned counsel for the O.P.no.2 who has submitted that O.P.no.2 was coming but as her mother fall ill as such she could not appear on time . She is still ready to co-operate in the mediation.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner appear before the learned court below and the learned court below shall extend the provisional bail of the petitioner and send the matter to the District Mediation Centre and before him both the parties have to appear so that the mediator may reach any amicable settlement and once the report of the mediator is submitted, the learned court below considering the report of the mediator as well as conduct of both the parties will pass appropriate order either confirming the bail bond of the petitioner or pass any other order or orders as he deems fit and proper including cancelling the bail bond of the petitioner.

Patna High Court CR. MISC. No.37589 of 2019(5) dt.22-11-2019 3/3 With the aforesaid direction, this application is disposed of.

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