Abhinav Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 57848 of 2022 Arising Out of PS. Case No.-489 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== Abhinav Shankar Son of Laliteshwar Narayan Singh Resident of MohallaKaushalya Niketan, Kumhrar Bhagwat Nagar, P.S.- Agamkuan, DistrictPatna, permanent address- village- Chandpura, P.S.- Vidupur, DistrictVaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rani Kumari Wife of Abhinav Shankar, D/O Ram Janam Singh At present a resident of Village- Pakri Varawan, P.S.- Pakri Varawan (Warsaliganj), District- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harish Kumar, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks confirmation of bail in connection with Agamkuan P.S. Case No. 489 of 2022 lodged under Sections 498(A), 323, 506, 379, 34 of the I.P.C. read with Section 3⁄4 of the D.P. Act.

As per the prosecution case, the allegation of torture for demand of dowry as well as throwing out the informant from the house is there in the F.I.R.

Learned counsel for the petitioner submits that the allegation made in the F.I.R. is not correct as the petitioner has

Patna High Court CR. MISC. No. 57848 of 2022(3) dt.21-02-2023 2/2 filed an application under Section 9 of the Hindu Marriage Act in which written statement has been filed by the informant. Counsel submits that before the Additional Sessions Judge, Patna, the informant has refused to go with the husband, due to the reason that she had apprehension that petitioner shall kill her.

Learned counsel for the State opposes the prayer for bail.

Learned counsel for the informant appeared and submits that the matter may be referred for mediation and she need a permanent settlement in this matter.

There is already a case pending before the Principle Judge, Family Court, Patna and from where, they may enter into settlement through mediation. The scope of settlement through mediation are always there. The parties are at liberty to enter into settlement.

In the present facts and circumstances of this case and the submissions made above, let the provisional bail granted to the petitioner is hereby confirmed.

With this observation, the bail application stands disposed off.

(Dr. Anshuman, J.) sadique/- U T