Ashok Sah @ Ashok Kumar Sah Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

Ashok Sah @ Ashok Kumar Sah Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of his arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the lower Court, in connection with C.R. Case No. 845 of 2022, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Complaint Case No. 845 of 2022, Thana Madhubani, registered for offences punishable under Sections 341, 323, 504, 379, 498A of the IPC, 1860 and 3/4 of D.P. Act, should be released on bail in the event of his arrest or surrender before the Court below.

Court's answer

The petitioner is to be released on bail in the event of his arrest or surrender before the learned Court below within a period of six weeks, in connection with C.R. Case No. 845 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.; the Court had regard to the fact that the dispute between the parties had been resolved through mediation as recorded in the Mediator's report dated 22.08.2024.

Ratio / Principle

The release on bail is conditioned on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned lower Court where the case is pending or its successor Court.

Detailed headnote1 paragraphs

Anticipatory bail application (Criminal Miscellaneous No. 12773 of 2024, Patna High Court, decided 19-11-2024 by Justice Anjani Kumar Sharan): the petitioner apprehended arrest in Complaint Case No. 845 of 2022, Thana Madhubani, District Madhubani, registered for offences punishable under Sections 341, 323, 504, 379, 498A of the IPC, 1860 and 3/4 of D.P. Act. By order dated 25.07.2024 the matter had been referred to the Mediation and Conciliation Center of the Patna High Court, and the Mediator's report dated 22.08.2024 recorded that the dispute between the parties stood resolved with agreed terms of settlement. Having regard thereto, the Court ordered release of the petitioner on bail in the event of his arrest or surrender before the Court below within six weeks, on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12773 of 2024

Arising Out of PS. Case No.-845 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani

======================================================

Ashok Sah @ Ashok Kumar Sah S/O- Upender Sah R/O- Village- Ram Patti Lal Chowk, P.S.- Rajnagar, Dist.- Madhubani.

... ... Petitioner/S

Versus

The State of Bihar , Patna

Sudha Devi N.A R/O- Ram Patti Lal Chowk, P.S.- Raj Nagar, Dist.Madhubani.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Abu Nasar, Advocate For the State : Mr. Kumar Ranjit Ranjan, APP For the Complainant : Mr. Shailendra Kumar Jha, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

4 19-11-2024 Heard learned counsels for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 379, 498A of the IPC, 1860 and 3/4 of D.P. Act.

Vide order dated 25.07.2024, the matter was referred to the Mediation and Conciliation Center of the Patna High Court to amicably resolve the dispute between the parties. The learned Mediator has submitted its report dated 22.08.2024 in which it is clearly stated that the dispute between the parties has been resolved and the terms of settlement mutually agreed upon by them is being attached with this report.

Having regard to the facts and circumstances of the case,

Patna High Court CR. MISC. No.12773 of 2024(4) dt.19-11-2024 2/2

let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with C.R. Case No. 845 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J)

priyanka/- U T