Suman Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79578 of 2019 Arising Out of PS. Case No.-299 Year-2019 Thana- KORHA District- Katihar ====================================================== SUMAN RISHI, Son of Late Nageshwar Rishi, Resident of Village - Korha, P.S. - Korha, District - Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kajal Kumari, Wife of Suman Rishi, daughter of Subhash Gupta Resident of Village - Korha, P.S. - Korha, District - Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimal Kumar, Adv.

For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2020 Heard learned counsel for the petitioner and learned APP for the State.

The matter has been taken up through virtual Court proceeding.

The petitioner, being the husband of the informant, has preferred the present application for grant of bail in a case registered for the offences punishable under Sections 323, 498A of the I.P.C. and Sections 3⁄4 of the Dowry Prohibition Act. Initially, the prosecution case got initiated with filing of Complaint Case No.827 of 2019, which came to be registered as police case, being Korha P.S Case No.299 of 2019, after its being transferred under Section 156(3) of the Code of Criminal

Patna High Court CR. MISC. No.79578 of 2019(5) dt.22-06-2020 2/3 Procedure to the police.

The prosecution case as per the complainant, Kajal Kumari is to the effect that she was married with the petitioner about six years prior to lodging of the present case, but there was further dowry demand of Rupes One Lac and an motorcycle and due to non-fulfillment of the same, the torturer was inflicted upon her. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in paragraph no.13 of the petition which reads as under :- "13. That the petitioner is always ready to keep the informant with honour of dignity ...."

It is further submitted that the petitioner is languishing in custody since 24.09.2019, but he has been granted provisional bail vide order dated 04.12.2019 by a Co-ordinate bench of this Court, Thereafter, vide order dated 06.03.2020, on the ground that the petitioner has performed second marriage, on the joint prayer of the parties, the matter was referred to the Mediation Centre.

However, it is jointly submitted that the mediation is not conducted due to the exceptional situation on account of present

Patna High Court CR. MISC. No.79578 of 2019(5) dt.22-06-2020 3/3 pandemic, Covid-19, hence, a joint prayer has been made that the present application be disposed of with a liberty to the parties to get the issue mediated before the learned Court below on resumption of physical Court proceeding.

In the circumstances, the period of provisional bail granted to the petitioner vide order dated 04.12.2019, in connection with Korha P.S. Case No. 299 of 2019, pending before the learned SDJM, Katihar is allowed to continue till 1st of December, 2020.

In the meantime, it is expected from the learned Court below to get the issue mediated between the parties on resumption of physical Court proceeding. The provisional bail of the petitioner will be confirmed by the learned Court below on resolution of issue between the parties.

Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Ashwini/- U