Digvijay Narain Singh @ Digvijay Narayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8856 of 2020 Arising Out of PS. Case No.-940 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== DIGVIJAY NARAIN SINGH @ DIGVIJAY NARAYAN SINGH Son of Rudra Pratap Narain Singh Resident of Mohalla - Khajpura, Behind Mundar Sah Cold Storage, P.S.- Shastri Nagar, District - Patna. At present Residing at C/O Late Komal Narayan Sharma, House No. 41, I.A.S. Colony, South Bailey Road, P.S.- Rupaspur, District - Patna.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Sushma Singh Wife of Digvijai Narain Singh D/O Birendra Kumar Singh, Resident of Mohalla - Nandanpuri, House No. 73 A, , P.S.- Rajiv Nagar, District - Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Radha Mohan Singh, Advocate For the State :
Mr.Dilip Kumar No. 1, APP For opposite party No.2 :
Mr.Prahalad Kumar Bhagat, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2021 The present application has been filed on 06.02.2020. Vide order dated 29.02.2020, the matter was referred to the Mediation Centre, Patna High Court by a Coordinate Bench of this Court. As per the office note dated 01.10.2021, it has been reported that mediation report has not been received as yet.
It has been pointed out on behalf of the petitioner that due to Covid-19 pandemic, the Mediation Centre, Patna High Court is not functioning and the present application has been pending for more than one and half years. Hence, Counsel for
Patna High Court CR. MISC. No.8856 of 2020(3) dt.29-10-2021 2/3 the petitioner submits that the application be heard on merit. 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 Shastri Nagar P.S. case No.940 of 2019 registered under Sections 498A and 34 of the Indian Penal Code. 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 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,
Patna High Court CR. MISC. No.8856 of 2020(3) dt.29-10-2021 3/3 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 Additional Chief Judicial Magistrate, Patna in connection with Shastri Nagar P.S. case No.940 of 2019, 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 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