Umesh Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12766 of 2021 Arising Out of PS. Case No.-1447 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== UMESH KUMAR SUMAN, (Male), aged about 38 years, S/o Sri Prabhu Sahni, R/o Village- Panda Goraiya, P.S.- Karza, District- Muzaffarpur. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Geeta Devi, (Female), aged about 33 years, W/o Umesh Kumar Suman, R/o Village- Panda Goraiya, P.S.- Karza, District- Muzaffarpur, Presently residing at- D/o Late Ganga Sahani, R/o Village- Bhatauna, P.S.- Karza, District- Muzaffarpur.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Mrityunjay Kumar, Advocate.

For the State :

Mr. A.G.

For the O.P. No. 2 : Mr. Nityanand Tiwari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 323, 341, 120(B), 498(A) of the I.P.C. and 3⁄4 of the D.P. Act in which cognizance has been taken under Section 498(A) of the I.P.C.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to non-

Patna High Court CR. MISC. No.12766 of 2021(2) dt.01-07-2021 2/3 fulfilment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned Sub Judge Istcum-A.C.J.M., West, Muzaffarpur, in connection with Muzaffarpur Complaint Case No. 1447/2020, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.12766 of 2021(2) dt.01-07-2021 3/3 Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

If so advised, either of the parties will be at liberty to make an application before the court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. The opposite party no.2 also will be at liberty to make an application before the concerned Family Court for the purpose of maintenance, if so advised.

(Sudhir Singh, J) U.K./- U T