Narayan Raut @ Narayan Kumar Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71662 of 2023 Arising Out of PS. Case No.-668 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Narayan Raut @ Narayan Kumar Raut Son Of Baidya Nath Raut @ Baidyanath Raut @ Baidhnath Raut Resident Of Village - Sain Imliya Tola, P.O.- Sain, P.S.- Kanti, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-11-2023 Heard Mr. Ashok Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Shailendra Kumar, learned APP appearing on behalf of the State.
2. The petitioner seeks anticipatory bail in connection with Kanti P.S. Case No.668 of 2022 registered under Sections 498(A), 341, 323, 504, 506 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.
3. Allegation against the petitioner is that of demand of dowry and torture.
4. Learned counsel appearing on behalf of the petitioner submits that the marriage has taken place in the year 2016 and out of the wedlock the petitioner is blessed with one daughter. The District Court has referred the matter before the
Patna High Court CR. MISC. No.71662 of 2023(2) dt.08-11-2023 2/3 District Legal Services Authority, Muzaffarpur for mediation. The petitioner was unaware of the said order. Petitioner is ready to settle the dispute with the informant.
5. Considering the nature of allegation made in the FIR, as well as, the fact that petitioner and informant are husband and wife and they are blessed with a girl child and due to estrange relationship the informant had filed FIR against the petitioner, however, parties agree to settle the dispute amicably, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
6. Considering the fact that the District Court has already pleased to pass an order so that parties may settle their estrange relationship amicably, the District Court is directed to refer the matter to the mediation center. In the meantime, the petitioner is directed to be released provisionally on provisional bail subject to his undertaking that he will not miss to appear before the mediator on the date fixed by the mediator in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate (West), Muzaffarpur in connection with Kanti P.S. Case No.668 of 2022, on such terms and conditions
Patna High Court CR. MISC. No.71662 of 2023(2) dt.08-11-2023 3/3 as the court below deems it fit and proper.
7. This Court directs the parties to appear before the mediator on 29.11.2023 and the District Court is directed to communicate the mediator as well, so that the petitioner and informant appear before the mediator for their amicable settlement on the said date and at appropriate time.
8. The Mediator is expected to file report within 4 months, before this Court.
9. In case of failure on the part of petitioner, the bail bond of the petitioner shall be canceled.
(Purnendu Singh, J.) Ashishsingh/- U T