Onam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74156 of 2022 Arising Out of PS. Case No.-22 Year-2020 Thana- MAHILA PS District- Khagaria ====================================================== Onam Kumar Son Of Rajesh Kumar Gupta Resident Of Village- North Bhadas, P.S. Muffasil, District- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sonali Kumari D/O Ranjeet Sah Resident of Village and P.O.- Sanhauli, P.S.- Chitragupta Nagar, District- Khagaria.

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

For the Petitioner/s :

Mr. Shiv Shankar Shambhuti, Adv.

For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Mahila P.S. Case No. 22 of 2020 lodged under Sections 498A/34 of I.P.C. and 3/4 of the Dowry Prohibition Act. As per the prosecution case, the F.I.R. has been lodged against six named accused persons. Allegation of Section 498A of the I.P.C. is there in the F.I.R. against the petitioner, in which all the family members were made accused. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.74156 of 2022(2) dt.25-03-2023 2/3 petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 27.08.2022 having clean antecedent. He also submits that mediation took place before the Court below, but it could not be acted upon due to the rigid attitude of the informant. Counsel for the petitioner submits that petitioner is ready to keep his wife. Counsel for Opposite Party submits that this case may be referred for mediation. He submits that family members are ready for one time settlement.

Learned counsel for the State opposes the prayer for bail.

It transpires that the matter was referred for one time settlement before the D.L.S.A., Khagaria, but it has failed. The remedy of settlement of dispute by virtue of mediation is always open. Petitioner is ready for the same always.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khagaria in connection with Mahila P.S. Case No. 22 of 2020, subject to the conditions

Patna High Court CR. MISC. No.74156 of 2022(2) dt.25-03-2023 3/3 as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

It is directed that both parties shall participate in mediation under the supervision of the Court below and the Court below should do the needful, within 90 days. (Dr. Anshuman, J.) Ashishsingh/- U T