Dinesh Gond v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79102 of 2018 Arising Out of PS. Case No.-288 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Dinesh Gond, Son of Bhikhari Gond, Resident of Village - Jhaua Dumaria, P.S.- Bihiya, District - Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Guriya Devi, Daughter of Ashok Kumar Gond, Resident of Village - Daulatpur, P.S.- Ara, District - Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Bhushan Singh For the Opposite Party/s :

Mr.Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Ara Muffasil P.S. Case No. 288 of 2018, registered under Sections 323, 379 and 498(A)/34 of the Indian Penal Code. The accusation is of torturing the complainant-opposite party no.2 by her husband and in-laws due to non-fulfillment of demand of motorcycle and gold chain and also removing from her matrimonial house snatching her personal belongings. Learned counsel for the petitioner submits that on the joint prayer of the petitioner and the opposite party no. 2, the matter was referred to the Mediation Centre, Patna High Court, Patna, for settlement of dispute in between the petitioner and the opposite party

Patna High Court CR. MISC. No.79102 of 2018(4) dt.15-05-2019 2/2 no.2, who are husband and wife but while petitioner expressed his desire to keep his wife-opposite party no. 2 with full dignity and honour but complainant-opposite party no. 2 refused to go with the petitioner.

On the other hand, learned counsel for the complainantopposite party no. 2 vehemently opposed the prayer for bail and submits that petitioner tortured his wife-opposite party no. 2 since long due to that reason she does not want to live with the petitioner and the complainant-opposite party no.2 wants one time settlement. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Ara, Bhojpur, in connection with Ara Muffasil P.S. Case No. 288 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T