Amit Kumar @ Amit Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41809 of 2023 Arising Out of PS. Case No.-1224 Year-2021 Thana- COMPLAINT CASE District- Siwan ====================================================== Amit Kumar @ Amit Kumar Ram Son Of Shivjee Ram Village Haziyapur Ward No 28, Ps- And District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Neha Devi @ Arti Wife Of Amit Kumar Ram Resident Of Village- Rasulpur, Ps- Siwan Muffasil, Dist- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey, Advocate For the State :

Mr.Shailendra Kumar 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 as also learned counsel for the complainant-opposite party no.2.

2.

The petitioner apprehends his arrest in connection with Complaint Case No.1224 of 2021 in which cognizance has been taken under Sections 498A, 323, 504/34 of the Indian Penal Code.

3.

The case of the complainant, in brief, is that her marriage was solemnized with the petitioner on 01.12.2020, as per Hindu rites and

2/4 rituals, whereafter she had gone to her matrimonial home, however, subsequently, the accused persons, including the petitioner herein, started demanding a sum of Rs.2 lakh in cash and a gold chain, however, upon refusal to pay the same, the accused persons had tortured the complainant and ultimately, ousted her from 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.14 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 and the learned counsel for the complainant

3/4 have though opposed the prayer for grant of anticipatory bail, but they are averse to the idea of the matrimonial dispute being relegated to the mediation process.

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 Judicial Magistrate, 1st Class, Siwan, in connection with Complaint Case No.1224 of 2021, 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

4/4 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 of on the aforesaid terms.

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