Bharat Rajan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85886 of 2019 Arising Out of PS. Case No.-776 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== BHARAT RAJAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.Bharat Bhushan(App156) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-10-2021 Heard Mr. Shivjee Singh, learned counsel for the petitioner and Mr. Ajay Kumar Tiwary learned counsel for the opposite party No. 2. Mr. Bharat Bhushan, learned APP for the State is also present.
The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 498A/354(A) and other allied sections of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner has offered to pay rupees five thousand (Rs. 5,000/-) per month as maintenance amount to the opposite party No. 2 from the month of October, 2021 till the maintenance issue is decided by a competent court. Both the parties have agreed upon sending the matter for mediation before the Mediation Centre, Begusarai, as per
Patna High Court CR. MISC. No.85886 of 2019(3) dt.22-10-2021 2/3 convenience of the parties.
In these circumstances, the matter is referred to Mediation Centre, Begusarai which will conclude the mediation process within next four months.
The opposite party No. 2 will supply her bank details to the lawyer of the petitioner in Begusarai court. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- (Five Thousand) per month, in the event of arrest/surrender within a period of six weeks from today, abovenamed petitioner be enlarged on provisional bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. 1st Class, Begusarai, in Complaint Case No. 776-C of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
Thereafter, the Court below will act in accordance with law after receiving the mediation report. It is made clear that any default by the petitioner in paying the maintenance amount will entail the cancellation of bail bonds by the Court below.
Considering the aforesaid submissions of both the
Patna High Court CR. MISC. No.85886 of 2019(3) dt.22-10-2021 3/3 parties who are in agreement for mediation, there is no need for keeping the matter pending in this Court.
With the aforesaid directions and observations, this application is disposed of and partly allowed. (Sandeep Kumar, J) Saif/- U T