Pradeep Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14961 of 2021 Arising Out of PS. Case No.-44 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== Pradeep Kumar Singh, aged about 34 years, Male, S/O Awadhesh Kumar Singh, Resident Of Village Vidwalia, P.S-Raghunathpur, District-Siwan. ... ... Petitioner
Versus
1. The State Of Bihar.
2. Archana Singh, D/O Arajnath Singh, W/O Pradeep Kumar Singh, R/VTakkipur, P.S. Maharajganj, District-Siwan. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Kundan Kumar, Advocate For the O.P. No. : Mr. Ajay Kumar Tiwari, Advocate. For the State :
Mr. Sunil Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2022 Learned counsel for the petitioner is permitted to add the informant as opposite party no. 2 in the present bail application.
Heard learned counsels for the petitioner, opposite party no. 2 and learned A.P.P. for the State. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
The petitioner is apprehending his arrest in connection with Raghunathpur P.S. Case No. 44/2019 for the offence registered under Sections 498(A), 323, 307, 316/34 of the I.P.C. and Section 3⁄4 of the D.P. Act.
Patna High Court CR. MISC. No.14961 of 2021(2) dt.28-02-2022 2/3 The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. There is no sufficient material in support of the allegation in respect of Sections 316 and 307 of the I.P.C. Rests of the offences are 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 counsels for the State and the opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, 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 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.14961 of 2021(2) dt.28-02-2022 3/3 of the like amount each to the satisfaction of the learned S.D.J.M., Siwan, in connection with Raghunathpur P.S. Case No. 44/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 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 refer the matter to the District Mediation Centre. (Sudhir Singh, J) U.K./- U T