Dhananjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7834 of 2022 Arising Out of PS. Case No.-1357 Year-2019 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.

DHANANJAY KUMAR SINGH Son of Ram Parikha Singh Resident of Village - Amaon, P.s.- Karamchat, Distt.- Kaimur at Bhabua. 2.

RAM PARIKHA SINGH Son of Late Vilash Singh Resident of Village - Amaon, P.s.- Karamchat, Distt.- Kaimur at Bhabua. 3.

SANJHARO DEVI W/o Ram Parikha Singh Resident of Village - Amaon, P.s.- Karamchat, Distt.- Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

JYOTI DEVI W/o Dhananjay Kumar Resident of Village - Lalapur, Kudra, Distt.- Kaimur at Bhabua.

3.

ABHISHEK KUMAR Son of Kuldi Prasad Yadav Resident of Village - Jarahiya Jalalpur, P.O.- Raja Bigaha, P.S.- Narahat, Distt.- Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2022 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Complaint Case No. 1357 of 2019 registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.7834 of 2022(2) dt.25-02-2022 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioner Nos. 1, 2 & 3 are husband, father-in-law and mother-in-law of the complainant/informant respectively. The petitioners have 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 petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Complaint Case No. 1357 of 2019 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.7834 of 2022(2) dt.25-02-2022 3/3 The petitioners are directed to co-operate during the trial. If the petitioners do 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