Anil Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64938 of 2019 Arising Out of PS. Case No.-1222 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Anil Ram, Son of Sadhu Ram, Resident of Village- Mehsi, Ujhilpur, P.S.- Mehsi, District- East Champaran at Motihari.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kavita Devi, Wife of Anil Ram and Daughter of Harishankar Ram, Resident of Village- Bajdhari, P.S.- Kesaria, District- East Champaran at Motihari. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Shanker Prasad For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. C-1222 of 2018, disclosing offences under Section 498A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Case is under Section 498A of IPC. Petitioner is said to be the husband of the complainant. There is allegation of demand of dowry, due to non-fulfillment of the same, subjecting her to cruelty and harassment. Further allegation is that petitioner has re-married with another lady.

Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.64938 of 2019(2) dt.18-10-2019 2/3 that allegation of re-marriage is false and the petitioner is still ready to keep her with dignity and care, and as such, prayer has been made before the court below, but in spite of that, his prayer for anticipatory bail has been rejected.

Heard learned APP also.

Having heard both sides, in view of the facts, as stated above, this application is disposed of with a direction to the petitioner to surrender before the learned court below within a period of three weeks from the date of receipt of certified copy of this order, on surrender, he will be released on provisional bail for a period of six months to the satisfaction of the learned court below. During that period, the court below shall issue a notice to the opposite party no.2 and on her appearance, he will refer the matter to the District Mediation Center for an amicable settlement between the parties. Once the report of Mediator is received, considering the same and conduct of the parties, the learned court below shall pass an appropriate order either confirming the bail bonds of the petitioner, otherwise, he is free to pass any other order or orders, which may be deemed fit and proper.

It is also made clear that in spite of notice, if the complainant does not appear, the learned court below shall

Patna High Court CR. MISC. No.64938 of 2019(2) dt.18-10-2019 3/3 confirm the bail bonds of the petitioner.

Sunil Shukla/- (Vinod Kumar Sinha, J) U T