Ashutosh Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47793 of 2018 Arising Out of PS. Case No.-417 Year-2018 Thana- KANKARBAG District- Patna ====================================================== Ashutosh Anand, S/o Vijay Kishore Mehta, R/o Kankarbagh More, Kankarbagh, P.S.- Kankarbagh, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-06-2019 Learned counsel for the informant-opposite party no. 2 submits that after mediation proceeding in between petitioner and the informant-opposite party no. 2, informant-opposite party no. 2 took away the file from him without giving any further instruction.

Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kankarbagh P.S. Case No. 417 of 2018, registered under Sections 498A/34 and 376 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The accusation is that petitioner, on pretext to

Patna High Court CR. MISC. No.47793 of 2018(9) dt.25-06-2019 2/3 perform the marriage, developed physical relation with informant-opposite party no. 2. When she gave pressure to perform the marriage the petitioner did not take any heed then information was given to the police Station. Thereafter, parents of the petitioner become ready to perform the marriage of petitioner with her and demanded Rs.10,00,000/- as dowry but parents of informant-opposite party no. 2 refused to give the aforesaid money. Thereafter, again information was given to the police station then petitioner become ready to perform the marriage, regarding which, an application was given for court marriage and date was fixed but petitioner did not appear before the court.

Learned counsel for the petitioner submits that, in fact, marriage of the petitioner was performed with informantopposite party no. 2 and an application was give for registration of marriage but due to unavoidable circumstances, petitioner could not appear. Further submission is that petitioner is ready to keep his wife-opposite party no. 2 with full dignity and honour.

Learned counsel for the informant-opposite party no. 2 submits that while the matter was referred before the Mediation Centre, Patna High Court, Patna but due to

Patna High Court CR. MISC. No.47793 of 2018(9) dt.25-06-2019 3/3 misunderstanding, the dispute could not be settled. Having regard to the facts and circumstances of the case, 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna, in connection with Kankarbagh P.S. Case No. 417 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T