Allowed bail application and granted provisional bail. Directed lower court to fix time-bound mediation. Order to be read in conjunction with bails-and-remand.
Released on provisional bail and directed to be fixed for mediation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18028 of 2022
Arising Out of PS. Case No.-530 Year-2021 Thana- BRAHMPUR District- Buxar
======================================================
Shubheshwar Tiwary @ Sumeshwar Tiwari Son of Rameshwar Tiwary Resident of Village - Brahmpur, P.S.- Brahmpur, District- Buxar.
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Vinay Ranjan, Advocate. For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
Heard learned counsel for the petitioner, learned
The petitioner seeks regular bail in connection with
Brahmpur P.S. Case No. 530 of 2021 lodged under Sections 376, 420, 120(b), 341, 323, 504, 506 of the Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act.
The prosecution case in brief is that the informant came in contact with the petitioner and he used to visit at her house being life insurance advisor and they are well known to each other since last 4 years, due to which they were good friends. One day they came in physical contact with the promise and understanding that they shall enter into marriage. It has also been alleged in the F.I.R. that since last 4 years they came in physical contact for series of time, but subsequently the accused started demanding fifty lacs rupees and refused to marry, in
Patna High Court CR. MISC. No.18028 of 2022(2) dt.14-07-2022 2/2
result the present F.I.R. has been lodged.
Learned counsel for the petitioner submits that petitioner is in custody since 10.02.2022 after surrender.
Learned counsel for the informant also appeared in this case and opposes the prayer for bail.
After some argument both the parties have jointly prayed that there is likelihood of settlement and for that, this matter may be referred to mediation.
In the present facts and circumstances of this case and the submissions made herein-above, the present petitioner is directed to be released on provisional bail to the satisfaction of court below.
Learned lower court is directed to fix a time bound mediation in this matter, if settlement takes place, the provisional bail of petitioner shall be directed to be confirmed and if not, the lower court is free to pass appropriate order in accordance with law.
With this observation, this bail application is disposed
of.
(Dr. Anshuman, J.)
ritik/- U T
2 issues framed by the court
Whether to grant bail and refer the matter to mediation when there is a likelihood of settlement in a bail application.
Whether the petitioner should be released on provisional bail pending mediation in a case involving allegations of rape and cheque-related offences.
Shubheshwar Tiwary
The State Of Bihar
Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
