Alok Ratan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83223 of 2019 Arising Out of PS. Case No.-26 Year-2018 Thana- MAHILA PS District- Jamui ====================================================== ALOK RATAN, aged about 28 years (Male), S/o- Ghanshyam Prasad Yadav, resident of village- West Ajimganj, P.S.- Haveli Kharagpur, District- Munger ... ... Petitioner
Versus
1.
The State of Bihar 2.
Smt. Prem Pyari, aged about 25 years (F), D/o Mahadev Yadav, resident of village- Chaain, P.S.- Jhajha, District- Jamui ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Bimal Kumar, Advocate Mr. Prabhu Narayan Sharma For the State :
Mr. Akshay Lal Pandit, APP For Opposite party no.2 :
Mr. Manoranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-10-2021 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Jamui Mahila P.S. Case No. 26 of 2018 for the offence punishable under Sections 341, 323, 498A, 504, 506, 494, 379/34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.
Though Vakalatnma has been filed on behalf of opposite party no.2 but, no one appears on her behalf. Even on 22.10.2021 no one appeared on behalf of opposite party no.2. Vide earlier order dated 13.02.2020 this case was referred to Mediation Centre but, due to COVID-19 pandemic
Patna High Court CR. MISC. No.83223 of 2019(4) dt.25-10-2021 2/3 the mediation proceedings could not taken place. From the record, it appears that the opposite party no.2, who is the wife of the petitioner, had earlier also filed Mahila P.S. Case No. 13 of 2017 for the offence under Sections 323, 341, 504, 506, 307, 337 and 498(A) of the Indian Penal Code, in which a coordinate Bench of this Court vide order dated 18.05.2017 passed in Criminal Miscellaneous No.23187 of 2017 granted regular bail to the petitioner. The opposite party no.2 had also filed a Complaint Case No.317 of 2016 registered for the offence under Sections 323, 504, 498(A) of the Indian Penal Code and under Section 3/ 4 of the Dowry Prohibition Act, in which also, a coordinate Bench of this Court vide order dated 25.05.2017 passed in Criminal Miscellaneous No.
24325 of 2017 again granted bail to the petitioner. The present case has been lodged by the opposite party no.2 against the petitioner in the year 2018 making similar allegations. It seems that the informant is not satisfied and is trying to harass the petitioner by filing cases against him of the same nature.
Considering the aforesaid facts, this application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.83223 of 2019(4) dt.25-10-2021 3/3 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Jamui, in connection with Jamui Mahila P.S. Case No. 26 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sandeep Kumar, J) pawan/- U T