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Rakesh Kumar @ Rakesh Kumar Barnwal vs State Of Bihar & Anr

Supreme Court Of India · Decided on 29 January 2019 · Citation: (2019) 01 SC CK 0364

HON’BLE JUDGES
Dr. Dhananjaya Y. Chandrachud, J · Hemant Gupta, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 323, 341, 379, 406, 498A · Code Of Criminal Procedure, 1973 — Section 438 · Dowry Prohibition Act, 1961 — Section 3, 4
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 177 Of 2019
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Judgment

12 paragraphs · 348 words
1.

Leave granted.

2.

These proceedings arise from an order of a learned Single Judge of the High Court of Judicature at Patna dated 1 August 2018, denying the benefit of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. A First Information Report has been lodged against the appellant under Sections 323, 341, 379, 406 and 498A read with Section 34 of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act. There is a matrimonial dispute between the appellant and the second respondent. The appellant has filed an application for judicial separation. The parents of the appellant have been granted anticipatory bail.

3.

By an order dated 13 November 2018 of this Court, the parties were referred to mediation. The following orderwas passed :

"On a query, the parties submitted that they are willing to make an attempt for settlement of the disputes through mediation.

The parties are referred to Supreme Court Mediation Centre, New Delhi, forthwith.

Issue notice, returnable in four weeks.

Mr. Parmanand Gaur, learned counsel, appears and accepts notice for the caveator(s).

In view of the steps taken by this Court for resolution of the disputes between the parties through mediation, there shall be no coercive steps against the petitioner, until further orders."

4.

The Mediation Centre of this Court has submitted its report indicating that the mediation has been unsuccessful.

5.

Having regard to all the facts and circumstances of the case, we are of the view that it would be appropriate to grant the appellant the benefit of anticipatory bail under Section 438. We, accordingly, direct that in the event of the arrest of the appellant, he shall be released on bail, subject to the satisfaction of the Trial Court.

5.

The appellant shall surrender his passport, if any, before the Trial Court and shall cooperate in the investigation. This will not preclude the appellant from seeking permission of the Trial Court, if it is necessary for him to travel abroad.

6.

The appeal as well as pending application, if any, shall stand disposed of accordingly.