Dharmendra Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4872 of 2019 Arising Out of PS. Case No.-449 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Dharmendra Kumar, S/o Damodar Singh Vill-Baro Shivala Ghat Musahare Dhalan, P.S-Barauni, Distt.-Begusarai.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Neha Kumari Dharmendra Kumar Daughter of Rajesh Prasad, Vill-Akhaura, Panchayat Budhaura, P.S-Alauli, Distt.-Khagaria, at present C/o Naresh Singh, R/o Ghat Musahare Dhala, P.S-Barauni, Distt.-Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Raj Kumar Sinha For the Opposite Party No. 2 :Mr.Shashidhar Jha For the State :Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.4872 of 2019(2) dt.30-01-2019 2/2 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 O.P. No. 2 , it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No.

449 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of 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.

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