Shiv Pujan Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.214 of 2019 Arising Out of PS. Case No.-270 Year-2016 Thana- COMPLAINT CASE District- Sheohar ====================================================== SHIV PUJAN THAKUR Rambali Thakur Vill-Chiraiya,P.SPuranahiya,Distt.-Shivhar ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Ragni Devi Shio Pujan Thakur Daughter of Ram Pravesh Thakur,VillChiraiya Barahi, Distt.-Sheohar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2019 Heard learned counsel for the petitioner, learned counsel for the complainant as well as learned counsel for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 270/2016, disclosing offences under Sections 147, 323, 504, 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and Section 3/4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to cruelty with respect to non fulfilment demand of dowry and also of ousting her from matrimonial life.

Patna High Court CR. MISC. No.214 of 2019(6) dt.06-09-2019 2/3 Submission of learned counsel for the petitioner is that all the allegations are false and concocted and he is still ready to keep the informant with full honour and dignity, whereas, it is the complainant, who does not want to live with the petitioner, which will be evident from an affidavit filed by the petitioner from Notary Public, Delhi.

It appears that earlier the matter was referred to Patna High Court Mediation and Conciliation Center, Patna but complainant - opposite party no. 2 did not choose to appear and due to which, the mediation between the parties failed. Submission of learned counsel for the complainant is that as there was flood in the village due to which, she could not appear before the mediation committee and she is also ready to live with the petitioner, if she is kept with full honour and dignity.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the complainant to appear before the concerned court below on 27.09.2019 and if the petitioner files an affidavit to the effect that he is ready to keep the complainant with himself with full honour and dignity and is ready to take the complainant with himself from the court itself,

Patna High Court CR. MISC. No.214 of 2019(6) dt.06-09-2019 3/3 the court below shall release the petitioner on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, in connection with Complaint Case No. 270/2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, on further condition that petitioner will keep his wife.

(Vinod Kumar Sinha, J) sunilkumar/- U T