Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9150 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- PAKRIDAYAL District- East Champaran ====================================================== Chandan Kumar (Male), aged about 24 Years, Son of Bharti Bhushan Paswan, Resident of Village - Dih Pakri, P.S. Pakaridayal, District-East Champaran. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Anuj Kumar, Advocate.

For the Opposite Party :

Mr.Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-02-2019 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Learned counsel for the petitioner is permitted to make necessary corrections in paragraph no. 3 of the main bail application, in light of the supplementary affidavit filed on behalf of the petitioner, in course of the day. Heard learned counsel for the petitioner and learned A.P.P. for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 323 and 504/34 of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry.

Patna High Court Cr.Misc. No.9150 of 2019(2) dt.21-02-2019 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further 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 learned counsels for the State and informant, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. East Champaran at Motihari, in connection with Pakaridayal P.S. Case No. 214 of 2018, 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

Patna High Court Cr.Misc. No.9150 of 2019(2) dt.21-02-2019 3/3 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) U.K./- U T