Mannu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69299 of 2019 Arising Out of PS. Case No.-894 Year-2015 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== MANNU RAM Son of Sharan Ram Resident of Village- Tulsi Garh, P.S.- Chandi, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Subita Devi Wife of Manu Ram Resident of Village- Tulsi Garh, P.S.- Chandi, District- Nalanda, at present daughter of Kalu Ram, resident of Village- Khaddi Lodipur, P.S.- Hilsa, District- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh For the informant : Mr. Satyendra Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2021 Heard the learned counsel for the petitioner and the State. The present application is pending since 26-10-2019. By order dated 05-03-2020 passed by a coordinate Bench of this court, the matter was referred to the Mediation Centre, Patna High Court and the petitioner was granted provisional anticipatory bail. Due to Covid-19 pandemic, the Mediation Centre was not functionaland therefore, the report of mediator could not be received. Counsel for the petitioner submits that let this application be disposed of on merit since this case has been pending since 2019. The petitioner is apprehending his arrest in a case registered under Sections 323 and 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.69299 of 2019(5) dt.22-11-2021 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is husband of the victim. All the offences are triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the provisional bail, granted to the petitioner by order dated 05-032020 is, hereby, confirmed. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) A.K.V.//- U T