Patna High CourtCR. MISC./83629/2023dismissed

Mukesh Kumar v. The State Of Bihar

2024-03-07Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83629 of 2023 Arising Out of PS. Case No.-740 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== MUKESH KUMAR SON OF RAMAKANT SINGH RESIDENT OF VILLAGE -RAMPUR, P.O -RUPPUR,P.S.- BHABUA, DISTRICTKAIMUR AT BHABUA ... ... Petitioner/s

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The State of Bihar 2.

MAMTA KUMARI WIFE OF MUKESH KUMAR RESIDENT OF VILLAGE - RAMPUR, P.O- RUPPUR, P.S- BHABUA, DISTRICTKAIMUR AT BHABUA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyam Bihari Singh, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-03-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Bhabua P.S. Case No. 740 of 2023 for the offence under Sections 323 and 498A of the I.P.C. and Section 4/5 of the Dowry Prohibition Act, lodged on 11.08.2023 by the informant, Mamta Kumari.

3. As per the prosecution story, the complainant/informant alleged that she was married to this petitioner but was tortured for dowry and just four days after the marriage, her family members were abused when they visited her in-laws house. The goods sent by them were

Patna High Court CR. MISC. No.83629 of 2023(3) dt.07-03-2024 2/3 thrown out and further, she was prevented to meet them. The further allegation is that on 07.06.2023, she was ousted from the house and is presently staying with her parents.

4. In this case, the matter was sent to the Mediation Center on 24th of January, 2024 and a report of the Mediator is on record which read as follows: "MEDIATOR'S REPORT Mediation Proceeding No. 57 of 2024 Arising our of Criminal Miscellaneous No. 83629 of Mukesh Kumar

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The State of Bihar & Anr Inspite of my best and sincere efforts, the dispute between the parties could not be resolved through the process of mediation.

Hence, mediation has failed.

(Prashant Sinha) Mediator"

5. The lady has appeared in person and has narrated her ordeal.

6. Considering the kind of allegation that the lady has made, it would be appropriate that he seeks bail.

Patna High Court CR. MISC. No.83629 of 2023(3) dt.07-03-2024 3/3

7. The anticipatory bail application of the petitioner stands rejected.

8. The interim order dated 09.01.2024 is vacated. (Rajiv Roy, J) Adnan/- U T