Bhagirath Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16756 of 2024 Arising Out of PS. Case No.-460 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Bhagirath Yadav son of Phulo Yadav R/o- Haripur Ps- Singhia DistSamastipur ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Sarswati Devi D/o- Hirday Narayan Yadav Village- Barahi Dist- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abdul Mannan Khan Mr. Hafij Shahbaz For the Opposite Party/s :
Mrs. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Complaint Case No. 460/2022 dated 13.12.2023 registered for the offence punishable under Sections 498A and 354 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the complainant mentally and physically due to non-fulfillment of demand of a bullet motorcycle as dowry.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case.
Patna High Court CR. MISC. No.16756 of 2024(3) dt.20-03-2024 2/3 There is general and omnibus allegation against the petitioner who is husband of the complainant. The petitioner neither demanded any dowry nor tortured the complainant. 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 in para 3 of the bail petition. Similarly situated co-accused has already been granted anticipatory bail by this Court vide order dated 23.01.2024 passed in Cr. Misc. No. 79399 of 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.16756 of 2024(3) dt.20-03-2024 3/3 enlarged on anticipatory 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, Rosera, (Samastipur) in connection with Complaint Case No. 460/2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
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) Ranjeet/- U T