This single-judge oral order grants anticipatory bail subject to surrender within six weeks. The petitioner must accompany his wife for marital relationship verification by the trial court before provisional bail confirmation.
Application disposed of directing surrender within six weeks for subsequent verification and provisional bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61099 of 2018
Arising Out of PS. Case No.-3071 Year-2011 Thana- PATNA COMPLAINT CASE DistrictPatna
======================================================
Ranjan Kumar Jha Son of Arjun Prasad Jha Resident of Village and P.O.Chand, P.S. Thakur Ganti, District-Godda Jharkhand.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Nand Gopal Mishra For the Opposite Party/s : Mr. Awadhesh Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 08-04-2019 This is an application for grant of anticipatory bail in connection with Rohtas Complaint Case No. 3071(C) of 2011, disclosing offences under Section 323, 406, 420, 498(A), 125 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.
Allegation against the petitioner is of subjecting his wife to cruelty and harassment with respect to demand and it further appears that on appearance of opposite party no.2, the matter was referred to the Mediation Center vide order dated 04.10.2018 and the report of the Mediation Center is available at Flag ‘A’, which clearly shows that the dispute and differences between the parties have gradually subsided and the parties are
Patna High Court CR. MISC. No.61099 of 2018(4) dt.08-04-2019 2/2
living together. However, Mediation Committee has sought that period of mediation may be extended for further two months.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with a direction to the petitioner to surrender before the court below within a period of six weeks along with his wife/opposite party no.2 and the learned court below will examine about the marital relationship between the parties and on satisfaction, he will release the petitioner on provisional bail for a period of three months and in that period, the learned court below shall verify the marital relationship between the parties by calling them in the first week of each month and once the learned court below is satisfied with the marital relationship between the parties, he shall confirm the provisional bail of the petitioner otherwise, he is free to pass any order or orders as he deems fit and proper.
(Vinod Kumar Sinha, J)
Amjad/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner facing charges of cruelty and dowry harassment.
Whether the petitioner must surrender and undergo mediation verification before provisional release.
6 provisions across 2 enactments
Ranjan Kumar Jha
The State Of Bihar
Nitu Kumari
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
