Subodh Kumar @ Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6501 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- PANDARAK District- Patna ====================================================== SUBODH KUMAR @ RAVI KUMAR Son of Shri Manohar Prasad Resident of Village - Chaperatar, P.S.- Pandarak, District - Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pinki Devi Wife of Subodh Kumar @ Ravi Kumar Resident of Village - Chaperatar, P.S.- Pandarak, District - Patna Presently residing at village - Gopkita, P.S.- Pandarak, District - Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gyanendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-11-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Pandarak P.S. Case No. 83 of 2020 for the offence registered under Sections 341, 323, 504, 506 and 498(A)/34 of the Indian Penal Code.
The marriage of the petitioner and the informant namely Pinki Devi is stated to have been solemnized in the year 2008 whereafter one girl child was born in the year 2010, however, subsequently the petitioner and the other accused persons started torturing the petitioner and inflicting cruelty upon her on account of non-fulfillment of the demand for dowry. It is also
Patna High Court CR. MISC. No.6501 of 2021(2) dt.23-11-2021 2/3 alleged that on 10.04.2020 at about 4:00 P.M. the accused persons including the petitioner had assaulted the informant brutally.
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. It is further submitted that the petitioner is ready to keep his wife with him with due honour and dignity as also he is ready to join mediation proceedings before the learned court below in order to settle the matrimonial dispute amicably.
Per contra, the learned A.P.P. 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 petitioner, I deem it fit and proper to direct the petitioner to surrender before the learned court of A.C.J.m.-I, Barh in connection with Pandarak P.S. Case No. 83 of 2020, within a period of four weeks from today, whereupon the petitioner shall be admitted to the privilege of provisional bail on the very same day and then the learned court below shall issue notice to the informant-wife and hold mediation proceeding in between the petitioner and his wife with a view to
Patna High Court CR. MISC. No.6501 of 2021(2) dt.23-11-2021 3/3 settle the matrimonial disputes in between them amicably. The learned court below is directed to take a final call with regard to either confirming the provisional bail to be granted to the petitioner or revoking the same subject to outcome of the mediation proceeding as also considering the case of the petitioner on merits, without being prejudiced by the dismissal of his anticipatory bail petition by the learned court below.
In the meantime, for a period of four weeks from today, no coercive steps shall be taken against the petitioner herein.
The present petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) S.Sb/- U T