Suresh Kamat @ Suresh Kumar Kamti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16239 of 2021 Arising Out of PS. Case No.-70 Year-2020 Thana- MAHILA P.S. District- Madhubani ====================================================== SURESH KAMAT @ SURESH KUMAR KAMTI, Male, aged about 28 years, Son of Bhola Kamat, Resident of Raghunandanpur, P.S.- Bahera, District- Darbhanga.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

BHAWANI DEVI, Wife of Suresh Kamat @ Suresh Kumar Kamti, Daughter of Narayan Choudhary, Resident of Village- Ganauli, P.S.- Pandaul, DistrictMadhubani. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Ratanakar Jha, Advocate.

For the State :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-04-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

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, 313, 498(A) and 379/34 of the I.P.C.

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

Patna High Court CR. MISC. No.16239 of 2021(2) dt.07-04-2021 2/3 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. There is no substantive evidence in respect of offence under Section 313 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 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 six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Madhubani, in connection with Mahila P.S. Case No. 70/20, corresponding to C.R.I. No. 2010/20, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.16239 of 2021(2) dt.07-04-2021 3/3 Criminal Procedure.

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 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