Akash Kumar Mishra @ Akash Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7959 of 2024 Arising Out of PS. Case No.-771 Year-2023 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Akash Kumar Mishra @ Akash Mishra Son of Dinesh Mishra Resident of Village-Khalwagaon, P.S.-Bhorey, District-Gopalganj. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jyoti Mishra @ Jyoti Pandey Daughter of Nayan Pandey Resident of Suksenwa Mishra, P.O.-Bhagipatti, P.S.-Kateya, District-Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prince Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Complaint Case No. 771 of 2023 dated 19.04.2023 registered for the offences punishable u/s 341, 323, 504, 506, 354(B) & 498A of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of a Bullet (motorcycle) and Rs. 3,00,000/- as dowry.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case.
Patna High Court CR. MISC. No.7959 of 2024(2) dt.15-02-2024 2/3 The petitioner neither demanded any dowry nor tortured the informant. It is further submitted that the petitioner is the husband of the informant and he has no concern with the alleged offence. 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." Learned counsel has further submitted that Section 498A of the Indian Penal Code is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No. (s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection
Patna High Court CR. MISC. No.7959 of 2024(2) dt.15-02-2024 3/3 with Complaint Case No. 771 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
7. 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.
8. The application stands allowed.
(Chandra Prakash Singh, J) annpurna/- U T