Santosh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 74408 of 2019 Arising Out of PS. Case No.-639 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Santosh Sahani Son of Suresh Sahani Resident of Village- Rampur, P.S.- Laukariya, District- West Champaran.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Rinku Devi Wife of Santosh Sahani, Daughter of Birendra Sahani Resident of Village- Devipur Bazar, P.O. Madhubani, P.S.- Dhanaha, District- West Champaran.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-06-2020 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing. Nobody appears on behalf of the O.P. No. 2.

The petitioner has filed the present application for grant of pre-arrest bail in connection with Complaint Case No. 639 of 2018 registered for the offence punishable under Sections 323, 341 and 498A of the Indian Penal Code.

Vide order dated 02.12.2019, notice was issued to the O.P. No. 2. After appearance of the O.P. No. 2, vide order dated 06.03.2020, the matter was referred to the Patna High Court Mediation and Reconciliation Centre in order to explore the

Patna High Court CR. MISC. No.74408 of 2019(5) dt.15-06-2020 2/2 possibility of amicable settlement between the parties. Till date, the report of the Mediator has not been received.

In view of the extraordinary situation due to COVID19, it does not appear the mediation proceeding can be taken up in near future.

Regard being had to the nature of allegation, pleadings made in the application and the submissions advanced at the bar, in the event of arrest or surrender before the court below, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bagaha, West Champaran in connection with Complaint Case No. 639 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Ashwani Kumar Singh, J) rohit/- U T