Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8225 of 2024 Arising Out of PS. Case No.-49 Year-2022 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Vikram Kumar Son of Dr. Ratan Kumar Resident of village/Mohalla-Kali Kothi, Road No.2, Old Market, Naka No.4, P.S.-Town Muzaffarpur, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Shikha Prasad Wife of Vikram Kumar Resident of village/Mohalla-Kali Kothi, Road No.2, Old Market, Naka No.4, P.S.-Town Muzaffarpur, Distt.- Muzaffarpur. At present residing at Vimal Jewelars, Champasari main road, Siliguri-734003 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar, Adv.
For the Opposite Party/s :
Mr.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2024 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 Muzaffarpur Mahila P.S. Case No. 49 of 2022 dated 13.07.2022 registered for the offence/s punishable u/ss 341, 323, 498A and 406 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.8225 of 2024(2) dt.05-03-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the informant. The petitioner neither demanded any dowry nor tortured the informant. There is general and omnibus allegation against the petitioner. Learned counsel for 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 IPC 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. The informant did not sustain any injury.
5. Learned counsel State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus,
Patna High Court CR. MISC. No.8225 of 2024(2) dt.05-03-2024 3/3 let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Muzaffarpur in connection with Muzaffarpur Mahila P.S. Case No. 49 of 2022, subject to conditions 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) guddukr/- U T