Aswani Kumar @ Pankaj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11841 of 2017 Arising Out of PS.Case No. -225 Year- 2016 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Aswani Kumar @ Pankaj Kumar Son of Sheojee Singh Resident of Village- Manojpur, P.S. Taraiya District Saran. At present- Shiwam Vihar Colony, P.S. Beur, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pinki Kumari W/o- Aswani Kumar @ Pankaj Kumar, D/o- Udai Kumar Singh, Resident of Village- Shikarpur, P.S. Sonpur, District Saran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks pre arrest bail in Complaint Case No.225 of 2016 instituted for the offence under Section 498(A) of the Indian Penal Code.

Accusation of torturing of the complainant by her husband and other in-laws due to non-fulfillment of demand of dowry and removing her from her matrimonial house. Learned counsel for the petitioner submits that on the joint prayer on behalf of the petitioner and O.P.No.2 the matter was referred to the Mediation Centre Patna High Court, Patna for

Patna High Court Cr.Misc. No.11841 of 2017 (8) dt.31-10-2017 2/2 settlement of the dispute in between the petitioner and O.P.No.2 who are the husband and the wife. He further submits that due to strained relation of the petitioner and the O.P.No.2 who are the husband and the wife father of O.P.No.2 entered into an agreement and the matter was compromised at the instance of the father of O.P.No.2 that the father of the petitioner shall return her Rs.6/- lacs but he failed to do so. Then he executed a deed of gift in favour of the O.P.No.2 on 30.6.20115 as contained in Annexure-4 of the petition.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M, Saran at Chapra, in Complaint Case No.225of 2016 (Tr.No.2779 of 2016) subject to the condition as laid down under section 438(2) of Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U T