Sourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6746 of 2022 Arising Out of PS. Case No.-28 Year-2021 Thana- MAHILA District- Munger ====================================================== SOURAV KUMAR Son of Sri Kailash Prasad Yadav Resident of Village - Milkichak, P.s.- Nayaram Nagar, Distt.- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari D/o Sri Sikandar Prasad Yadav Resident of Village - Fulka Gumati, P.S.- Jamalpur, Distt.- Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mira Kumari For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-02-2022 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. 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.

Heard learned counsel for the petitioner and the State through virtual mode.

The petitioner is apprehending his arrest in G.R. No. 1845 of 2021 arising out of Mahila P.S. Case No. 28 of 2021 registered under Sections 341, 323, 504, 506, 498(A) of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Patna High Court CR. MISC. No.6746 of 2022(2) dt.18-02-2022 2/3 Allegation against the accused persons including 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 petitioner is husband of the victim. All the offences are 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, 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.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today,

Patna High Court CR. MISC. No.6746 of 2022(2) dt.18-02-2022 3/3 be released on anticipatory bail on his personal bond to the satisfaction of Ms. Juli Kumari, learned Judicial Magistrate-Ist Class, or her successor in office, Munger in connection with Munger Sadar Mahila P.S. Case No. 28 of 2021 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 petitioners. 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