Karan Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60273 of 2022 Arising Out of PS. Case No.-155 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Karan Rajak Son of Sri Khalthu Rajak @ Sree Khalthu Rajak, R/o VillageGovindpur, P.S.- Sahebpur Kamal, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 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 as well as learned counsel for the informant through virtual mode.

The petitioner seeks regular bail in connection with Sahebpur Kamal P.S. Case No. 155 of 2022, lodged under Sections 498(A), 494, 323 & 34 of the Indian Penal Code. As per prosecution case, it has been alleged that the marriage of informant was solemnized with the petitioner who initially lived with her happily, but very soon started torturing and demanding a Bullet. Informant also stated that, in the meantime she has given birth of 2 male children but petitioner is

Patna High Court CR. MISC. No.60273 of 2022(2) dt.18-11-2022 2/3 not taking care of the children, as a result of which, both the children are residing at the house of her mother. It has been alleged by the informant that in the evening of 15.01.2022, all the family members of her husband assaulted her and poured kerosene oil with a view to kill, upon which the informant started crying then the neighbourers visited there and anyhow saved her life, thereafter, she returned to the house of her aunt and then came to his father's house. It has also been alleged that there was demand of dowry as well as all jewellery, clothes etc. were kept by the petitioner's family.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the allegation of torture, demand of dowry and second marriage are out and out false. Learned counsel further submits that petitioner is still ready to live with the informant who is her wife.

Learned counsel for the informant appeared in this case and submits that informant also wants to reside with her husband i.e. petitioner here.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted provisional bail on furnishing bail bonds of Rs.30,000/-

Patna High Court CR. MISC. No.60273 of 2022(2) dt.18-11-2022 3/3 (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Begusarai in connection with Sahebpur Kamal P.S. Case No. 155 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

As per undertaking made before the Court that both the parties are ready to settle the issue, let the Trial Court shall fix a date for mediation/ conciliation either before mediation center or before himself and shall conduct a mediation/ conciliation, so that the settlement may take place between the parties and if within 90 days the parties reached on settlement, then the provisional bail granted to the petitioner, shall be confirmed and, in case, if no settlement take place, the provisional bail granted to the petitioner shall be cancelled. With this observation, the bail application stands disposed off.

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