Shambhu Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46551 of 2019 Arising Out of PS. Case No.-114 Year-2016 Thana- MAHILA P.S. District- Bhojpur ====================================================== Shambhu Pal Son of Shri Sudarshan Pal Resident of Village - Berath, P.S.- Chauri, Distt - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Nath Sinha, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mahila P.S. Case No. 114 of 2016 registered for the offences punishable under Section 323, 379 and 498(A) of the Indian Penal Code and 3/4 D.P. Act.

The allegation is regarding the petitioner, who is the husband of the opposite party no.2, of torturing the opposite party no.2 on account of non-fulfillment of the demand for dowry.

Learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 20.01.2019, hence has already been suitably punished. It is further submitted that the petitioner has been falsely implicated in the present case and

Patna High Court CR. MISC. No.46551 of 2019(4) dt.28-11-2019 2/2 has got a clean antecedent.

Per contra, the learned counsel appearing for the opposite party no.2, though has no objection for grant of bail to the petitioner but submits that the matter be sent to the Mediation Centre so that the matrimonial disputes among the husband and wife can be resolved.

Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on regular bail on furnishing bail bond of Rs.10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of Learned Sub Divisional Judicial Magistrate, Ara in connection with Mahila P.S. Case No. 114 of 2016 (G.R. No. 1010/2016).

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