Ravindra Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64621 of 2024 Arising Out of PS. Case No.-184 Year-2024 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.

Ravindra Chauhan Son of Late Ramastheirh Chauhan Village- Shivnagar P.S.- Navinagar District- Aurangabad, Bihar 2.

Sugandhi Devi Wife of Ravindra Chauhan Village- Shivnagar P.S.- Navinagar District- Aurangabad, Bihar 3.

Lav Kush Kumar Son of Late Ramastheirh Chauhan Village- Shivnagar P.S.- Navinagar District- Aurangabad, Bihar 4.

Tuntun Chauhan Son of Late Ramastheirh Chauhan Village- Shivnagar P.S.- Navinagar District- Aurangabad, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sushmita Kumari D/o Surendra Chauhan, Wife of Sonu Kumar VillageShivnagar, P.O.- Pirauta, P.S.- Navinagar, District- Aurangabad, Bihar. At Present R/o Vill.- Mala Bigha, P.S.- Tilauthu, Dist.- Rohtas, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Singh, Advocate For the State :

Mrs. Rita Verma, APP For the Informant :

Mr. Shailesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-01-2025 Vide order dated 21.11.2024, this application with respect to petitioners nos. 3 & 4 have been dismissed as withdrawn.

2. Heard Mr. Birendra Singh, learned counsel for the petitioners, Mr. Shailesh Kumar Singh, learned counsel appearing on behalf of the informant as well as Mrs. Rita Verma, learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in

2/4 connection with Navinagar P.S. Case No. 184 of 2024, F.I.R. dated 04.07.2024 for the offences punishable under Sections 118(1), 118(2), 109, 85 and 3(5) of the Bhartiya Nyaya Sanhita and Section 3⁄4 of the Dowry Prohibition Act.

4. According to prosecution case, all the accused persons including the petitioners have tried to kill the daughter of the informant due to non-fulfillment of demand of dowry.

5. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offences as alleged in the F.I.R.

6. Vide order dated 21.11.2024, the matter was referred to learned Mediator to resolve the dispute between the parties. Report of the learned Mediator dated 10.01.2025 reveals that the dispute between the parties have been resolved through the process of mediation and both the parties have signed Memorandum of Agreement dated 08.01.2025 which is annexed with the report of learned Mediator.

7. Learned Additional Public Prosecutor as well as learned counsel appearing on behalf of the informant have no

3/4 objection in this regard.

8. Considering the report of the learned Mediator, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the 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 the learned Additional Chief Judicial Magistrate-I, Aurangabad, Bihar in connection with Navinagar P.S. Case No. 184 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i.

Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at

4/4 any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T