Shankar Mukhiya v. The State Of Bihar

Patna High Court Cr.Misc. No.5638 of 2017 (9) dt.27-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5638 of 2017 Arising Out of PS.Case No. -73 Year- 2015 Thana -MADHEPUR District- MADHUBANI ====================================================== Shankar Mukhiya, Son of Bechan Mukhiya, Resident of VillageBhagwanpur, P.S.- Madhepur, District Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Savigta Devi, wife of Shankar Mukhiya.

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

For the Petitioner/s : Mr. Sanjeev Kumar Jha For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Madhepur P.S. Case No. 73 of 2015 registered under Sections 323, 498A, 379 and 384 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of torturing the informant-opposite party no. 2 by her husband and in-laws due to non-fulfillment of demand of dowry and also to remove from matrimonial house along with her child.

Learned counsel for the petitioner submits that on the joint prayer of learned counsel for the petitioner and the opposite

Patna High Court Cr.Misc. No.5638 of 2017 (9) dt.27-11-2017 party no. 2, the matter was referred to the Mediation Centre, Patna High Court, for settlement of dispute in between petitioner and the informant-opposite party no. 2, who are husband and wife, but mediation could not be succeeded. Thereafter, in spite of direction given to both parties twice time to present physically before this Court, opposite party no. 2 did not appear, while petitioner was present.

Learned counsel for the opposite party no. 2 submits that due to illness complainant-opposite party no. 2 is not present today and on preceding date also.

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 Additional Chief Judicial Magistrate, Jhanjharpur (Madhubani) in connection with Madhepur P.S. Case No. 73 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T