Allowed

Prakash Kumar Ojha v. State Of Bihar and Anr.

Patna HC19 Nov 2016CR. MISC./29498/2016

Case brief

AI extract

What is this about?

Petitioner seeking anticipatory bail in case involving dowry and torture allegations. Court granted bail on surrender or arrest after mediation failed and parties agreed to mutual settlement and legal separation.

What did the court decide?

Petitioner released on anticipatory bail on surrender or arrest within twelve weeks, furnishing bond of Rs. 10,000 with two equal sureties.

Prakash Kumar Ojha Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29498 of 2016

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Arising Out of PS.Case No. -98 Year- 2016 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Prakash Kumar Ojha, Son of Arbind Kumar Ojha, resident of MuhallaMaruti Nagar, Police Station- Ara in the district of Bhojpur. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Minu Devi, W/o- Prakash Kumar Ojha, D/o- Tarkeshwar Chaube, resident of Muhalla- Maruti Nagar, Police Station- Ara, in the district of Bhojpur, at present Resident of Village- Baghi Pakad, Police StationMuffasil in the district- of Bhojpur. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06/ 19-11-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 494/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of the dowry demand and performing second marriage. On the joint prayer of the parties the matter was referred to the Mediation and Conciliation Centre of the State

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Patna High Court Cr.Misc. No.29498 of 2016 (6) dt.19-11-2016

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Legal Services Authority. The report of the Mediator dated 01.09.2016 at Flag ‘M’ reflects that the issue could not be resolved through the process of the mediation.

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It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant, but now the issue has been resolved between the parties. A joint affidavit to that effect has been filed which stipulates that the petitioner is ready to make payment of Rs.6,00,000/- (Six lakhs) as one time settlement amount and get the marriage dissolved through filing a matrimonial suit under Section 13B of the Hindu Marriage Act. Out of Rs.6,00,000/(Six lakhs), Rs.1,00,000/- (One lakh) has been paid and rest Rs.5,00,000/- (Five lakhs) has been paid in five installments. Counsel for the informant does not controvert the agreement arrived at between the parties and receiving of Rs.1,00,000/- (One lakh) and hence, he is not opposing the bail of the petitioner.

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Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like

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Patna High Court Cr.Misc. No.29498 of 2016 (6) dt.19-11-2016

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amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Bhojpur at Ara in connection with Mahila P.S. Case No. 98 of 2016, subject to the conditions as laid down

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under Section 438(2) of the Cr.P.C.

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(Dinesh Kumar Singh, J.)

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DKS/
U T

Prakash Kumar Ojha v. State Of Bihar and Anr.

Case brief

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Prakash Kumar Ojha v. State Of Bihar and Anr.

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