Vivek Ojha @ Vivek Kumar Ojha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67039 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== Vivek Ojha @ Vivek Kumar Ojha, Son of Vijay Ojha, Resident of VillageKateya, P.S. Bihiyan, Distt.-Bhojpur at Ara ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Guriya Kumari, D/o of Sudama Tiwary, Resident of Village-and P.O. Belauti,P.S. Shahpur, Distt.-Bhojpur at Ara ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2019 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 Ara Mahila P.S. Case No. 95 of 2018, registered under Sections 498(A) and 379/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

The accusation is of torturing the informantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and removing from her matrimonial house snatching her personal belongings. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.67039 of 2018(5) dt.09-05-2019 2/2 while the matter was referred to the Mediation Centre, Patna High Court, Patna, for settlement of dispute in between the petitioner and the informant-opposite party no.2, who are husband and wife. The attempt was made to settle the dispute and petitioner expressed his desire to keep his wife-opposite party no. 2 with full dignity and honour but informant-opposite party no. 2 refused to go with the petitioner. On the other hand, learned counsel for the opposite party no. 2 submits that both parties were present before the Mediation Centre, where opposite party no. 2 expressed her desire for one time settlement but the petitioner was not ready.

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 S.D.J.M., Ara, Bhojpur, in connection with Ara Mahila P.S. Case No. 95 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.