Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58718 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- MAHILA PS District- Jehanabad ====================================================== PANKAJ KUMAR S/o Mahesh Pandit R/o Mohalla- Rajeev Nagar Road No. 18, House No. B-40, P.S.- Rajeev Nagar, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chanchal Kumari D/o Late Mohan Pandit R/o village- Saidpur, P.S.- Kako, District- Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Chandra, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP For the informant :

Mr. Rajeev Kumar Singh, Adv.

Dr. Gajendra Prasad Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-06-2022 Heard the learned counsel for the parties.

The petitioner apprehends his arrest in connection with Jehanabad Mahila P.S. Case No.18 of 2021, registered for the offence punishable under Sections 341, 323, 498A/34 of the I. P. C. and 3/4 of the D.P. Act.

The case of the prosecution in brief, according to the informant is that her marriage was solemnized with the petitioner on 08.03.2021 according to Hindu rites and custom, however, after lapse of some days of marriage, the accused persons including the petitioner herein, had started assaulting and torturing the

Patna High Court CR. MISC. No.58718 of 2021(2) dt.06-06-2022 2/3 informant on account of non-fulfillment of the demand for dowry and then the informant was turned out of her matrimonial home.

At the outset, the learned counsel for the petitioner as also the learned counsel for the informant i.e. the wife of the petitioner herein jointly submit that now they are willing to settle the matrimonial disputes existing in between them by resorting to mediation proceedings.

Having regard to the submissions made by the learned counsel for the petitioner (husband) and the learned counsel for the informant (wife), I deem it fit and proper to direct the petitioner to surrender before the learned court below within a period of four weeks from today, whereupon the learned court of S.D.J.M., Jehanabad in connection with Jehanabad Mahila P.S. Case No. 18 of 2021 shall grant the privilege of provisional bail to the petitioner herein on the very same day. It is further directed that the learned court below shall engage the petitioner and the informant (wife) in mediation proceedings with a view to amicably settle the marital discord.

It is also directed that upon conclusion of the mediation proceedings, the learned court below shall

Patna High Court CR. MISC. No.58718 of 2021(2) dt.06-06-2022 3/3 take a final call with regard to either confirming the provisional bail to be granted to the petitioner or cancelling the same depending upon the final outcome of the mediation proceeding as also considering the case of the petitioner on merits, without being prejudiced by the earlier rejection of the prayer for the petitioner for grant of anticipatory bail by the learned court below.

It is further directed that for a period of four weeks from today, no coercive steps shall be taken against the petitioner herein.

The present petition stands disposed of on the aforesaid terms.

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