Rajeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3105 of 2022 Arising Out of PS. Case No.-139 Year-2021 Thana- NAGARNAUSA District- Nalanda ====================================================== RAJEEV KUMAR Son of Shravan Yadav Resident of Village- Kurabhapar, P.S.- Nagarnausa, District- Nalanda, PIN-801305 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Prakash Chandra Jha, Advocate For the State :
Mr.Md. Nazir Ansari, APP For the informant :
Mr.Ravi Shanker Pankaj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through virtual mode.
Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in connection with Nagarnausa P.S. case No.139/2021 registered under Sections 323, 494, 498A, 379/34 of the Indian Penal Code.
2/4 Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is the brother-in-law of the victim. The case is triable by the Magistrate. The petitioner has 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 State and learned counsel for the informant, it is submitted that the petitioner is named in the complaint case/F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
3/4 Considering the facts and circumstances, 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 learned A.C.J.M., Hilsa, District Nalanda in connection with Nagarnausa P.S. case No.139/21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) 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.
The petitioner is directed to co-operate during the trial. If the petitioner does not co-operate during the trial, the court below will be at liberty to cancel the bail bonds of the petitioner.
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
4/4 refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T