Arjun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53822 of 2019 Arising Out of PS. Case No.-24 Year-2015 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== ARJUN SAH, Son of Ramashish Sah Resident of Madhuaha Brit, P.S.- Rajespur, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shobha Devi, Wife of Arjun Sah Resident of Madhubani Brit, P.S.- Rajepur, District- East Champaran, Presently reside D/O - Mohan Sah, Resident of Village - Mahamadpur Majhodia, P.S.- Rajepur, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-04-2022 Heard the learned counsel for the petitioner as well as the learned counsel for the complainant. The State is represented by learned APP.

The petitioner apprehends his arrest for the offences alleged under Sections 498A and 504 of the Indian Penal Code, registered in connection with Trial No. 639 of 2018, arising out of Complaint Case No. C-24 of 2015. As per allegation, the marriage of the complainant was solemnized with the petitioner in the year 2007 as per Hindi rites and customs. The petitioner and in-laws inflicted

Patna High Court CR. MISC. No.53822 of 2019(9) dt.25-04-2022 2/3 atrocities on the complainant for non-fulfillment of demand of dowry.

In order to explore the possibility of amicable settlement of the issue, the matter was referred to the District Mediation Centre, East Champaran. The report dated 02.02.2022, sent by the Secretary, District Legal Services Authority has been annexed with the record and kept at Flag-N. The report shows that due to absence of the parties, the mediation could not become successful.

The learned counsels for both the parties have submitted that the petitioner may be granted anticipatory bail and direction may be issued to them to appear before the District Mediation Centre for initiation of process of conciliation.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within a period of four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.53822 of 2019(9) dt.25-04-2022 3/3 learned Sub-Divisional Judicial Magistrate, Pakari Dayal, East Champaran, in connection with Trial No. 639 of 2018, arising out of Complaint Case No. C-24 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. Both the parties are directed to appear before the District Mediation Centre. The District Mediation Centre shall submit its report within a period of three months to the learned court below.

If the learned court below finds that the process of mediation failed due to reluctance or non-cooperation of the petitioner, the court below may take appropriate action including cancellation of the bail-bonds of the petitioner. The application stands allowed, accordingly.

(Nawneet Kumar Pandey, J) skm/- U T