Pranay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65842 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== Pranay Kumar, Son of Shree Jyoti Kumar Sharma, Resident of VillageSikaria, P.S-Bihta, District-Patna, At Present Residing at B/98, Birla Colony, P.S-Phulwarisharif, Town and District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sewantee Surabhi Wife of Pranay Kumar Resident of Flat No.301, Ramjeet Apartment, Arrah Garden Road, Jagdeo Path, P.S-Rupaspur, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Dhari Singh For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences under Sections 341, 323, 498(A), 504, 506 and 34 of the IPC and Sections 3/4 of the Dowry Prohibition Act.

The prosecution case, as per the written report of Sewantee Surabhi submitted to the Station House Officer, Mahila Police Station, is to the effect that the informant was married with the petitioner on 30.04.2015, but subsequent to the marriage, the further dowry was demanded and due to nonfulfillment of the same, the informant was tortured by all the

Patna High Court CR. MISC. No.65842 of 2019(4) dt.05-03-2020 2/3 accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant. It is further submitted that on the joint prayer of the parties, vide order dated 27.11.2019, the matter was referred to the Mediation and Conciliation Centre of the Patna High Court Legal Services Committee. The report of the mediator dated 17.01.2020, kept at flag- 'B' reflects that the issue has been resolved between the parties and both are ready to reside together. Learned Counsel for the informant does not controvert the contention of learned counsel for the petitioner and admits that the issue has been resolved between them.

Considering the present stand of the parties and the fact that issue has been resolved between the them, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate -1st, Patna in connection with Mahila P.S. Case No. 67 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.65842 of 2019(4) dt.05-03-2020 3/3 agreement arrived at during Mediation the other party will be at liberty to file an appropriate application before the learned court below.

(Dinesh Kumar Singh, J.) utkarsh/- U T