Sujeet Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59307 of 2021 Arising Out of PS. Case No.-812 Year-2020 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== SUJEET KUMAR SINGH Son of Late Rajendra Singh Resident of Village - Manik Chowk North, P.S. - Runni Saidpur, District - Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Tulsi Devi Wife of Sujeet Kumar Singh At Present Residing at village - Manik Chowk, P.S. - Runni Saidpur, District - Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-06-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Complaint case no. C1 812/ 2020 registered for the offences punishable under Section 498A of Indian Penal Code.
The case of the complainant as per the complaint petition in brief is that her marriage was solemnized in the year 2011 with the petitioner, whereafter she was blessed with a female child, however, subsequently she was subjected to cruelty by her husband and other family members on account of non-fulfilment of the demand for dowry and ultimately, the
Patna High Court CR. MISC. No.59307 of 2021(2) dt.06-06-2022 2/3 complainant was made to leave her matrimonial home. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that the petitioner is ready and willing to keep his wife i.e. the complainant with due honour and dignity and for that purpose, he is ready to participate in mediation proceedings, with a view to explore the possibility of settlement of matrimonial discord amicably.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the parties, I deem it fit and proper to grant liberty to the petitioner to surrender before the learned court below within a period of four weeks from today, whereupon he shall be granted provisional bail on the very same day by the learned Chief Judicial Magistrate, Sitamarhi in connection with Complaint case no. C1 812 of 2020, subject to such conditions as may be deemed fit and proper to be imposed by the learned court below and then the learned court below shall hold
Patna High Court CR. MISC. No.59307 of 2021(2) dt.06-06-2022 3/3 mediation proceeding in between the petitioner and his wife, for which purpose the learned court below shall issue notice to the wife of the petitioner and summon the wife. It is expected that the learned court below shall make all endeavour to settle the matrimonial dispute in question. It is further directed that after the conclusion of the mediation proceeding, the learned court below shall take a final call with regard to either confirming the provisional bail to the petitioner or revoking the same, depending upon the outcome of the mediation proceedings as also upon application of its own independent mind on the merits of the case, without being prejudiced by its earlier order rejecting the case of the petitioner for grant of anticipatory bail. The petition stands disposed off with the aforesaid directions.
(Mohit Kumar Shah, J) rinkee/- U T