Ramanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4906 of 2020 Arising Out of PS. Case No.-67 Year-2019 Thana- MAHILA P.S. District- Saharsa ====================================================== RAMANAND KUMAR Son of Ram Pravesh Yadav Resident of Village - Dengrahi, P.S.- Salkhua, District- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shikha Kumari Wife of Ramanand Kumar, D/O - Binod Yadav Resident of Village - Dengrahi, P.S.- Salkhua, District- Saharsa, At present Resident of Mohalla - Batraha, Ward No. 25, P.S.- Saharsa, District- Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Vipin Kumar, Advocate For the State :

Mr.Parmanand Prasad, APP For opposite party No.2 :

Mr.Amarnath Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2 through virtual mode.

The petitioner is apprehending his arrest in connection with Saharsa Mahila P.S. case No.67/2019 registered under Sections 498A, 323, 379, 504, 506/34 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-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.4906 of 2020(3) dt.29-10-2021 2/3 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is 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 and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the 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, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Saharsa Mahila P.S. case No.67 of 2019 in connection with Chief Judicial Magistrate, Saharsa, 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. In case, any such

Patna High Court CR. MISC. No.4906 of 2020(3) dt.29-10-2021 3/3 application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T