Rajni Bhushan Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3138 of 2020 Arising Out of PS. Case No.-50 Year-2019 Thana- MAHILA PS District- East Champaran ====================================================== Rajni Bhushan Kishore Son of Late Badri Prasad Resident of Village - Agarwa, P.S.- Motihari Town, Distt.- East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Jigyasha Kumari W/o Pawan Kumar Prasad Resident of Village - Comittee Chowk, Motihari, P.S.- Muffasil, Dist.- East Champarn. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP For the Informant :

Mr. Rajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 03-11-2021 Heard the parties.

The petitioner apprehends arrest in connection with Motihari Mahila P.S. Case No. 50 of 2019, registered under Sections 341, 323, 504, 506, 406 and 498A of the Indian Penal Code.

As per prosecution case, informant was married with this petitioner on 20.05.2009. After sometime of marriage, accused persons started demanding Rs. 5,000,00/-. Due to nonfulfillment of aforesaid demand, informant was subjected to physical torture. It is alleged that in the year 2017, father of the informant gave Rs. 4,60,00/- to the accused persons. The informant is a Panchayat teacher before her marriage. The

Patna High Court CR. MISC. No.3138 of 2020(3) dt.03-11-2021 2/3 accused persons used to withdraw her salary through A.T.M. It is further alleged that again the accused persons started demanding Rs. 5 lacs, but due to non-fulfillment of the same accused persons assaulted the informant. Thereafter informant gave Rs. 1,60,000/- to the accused. It is alleged that after taking money accused persons again assaulted the informant and ousted her from the house along with her two children. On 20.08.2019, informant again went to her matrimonial house, but the accused persons assaulted and ousted her from the house along with her children. Petitioner is an advocate. He used to give threatening of dire consequences to the informant. On 02.03.2020, interim order was passed by a coordinate bench of this Court that no coercive step shall be taken against the petitioner. Such order is contrary to the Apex Court's decision passed in the case of Nathu Singh V. State of U.P. reported in (2021)6 SCC64.

In the light of aforesaid decision of the Apex Court, the present petition stands rejected reserving liberty to the petitioner to approach for bail before the jurisdiction court. Learned counsel for the petitioner, on instruction, submits that parties are likely to move before the Mediation Centre.

Patna High Court CR. MISC. No.3138 of 2020(3) dt.03-11-2021 3/3 The present order would not come in the way of Mediation Centre of this Court to examine the grievance of the petitioner & others independently.

Parties are permitted to appear on 07.12.2021. (P. B. Bajanthri, J) rakhi/- U