Ranjit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13482 of 2020 Arising Out of PS. Case No.-67 Year-2018 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== RANJIT MAHTO, aged about 26 years (Male), Son of Lalo Mahto, Resident of Vill - Khothi Pool, P.S.- Biraul, Distt - Darbhanga. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Aarti Kumari, D/o Mahendra Mahto, Resident of Village-Bharat Chauk Benipur, P.S.- Bahera, Distt - Darbhanga.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Kedar Jha, Advocate.

For the State :

Mr. Kumar Veerendra Narayan, A.P.P.

For the O. P. No. 2 : Mr. Shailendra Kumar Jha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2021 Learned counsel for the opposite party no. 2 has already filed his appearance.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the I.P.C. 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. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.13482 of 2020(4) dt.22-02-2021 2/3 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. 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 opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid 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 six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Benipur, DistrictDarbhanga, in connection with Complaint Case No. 67 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.13482 of 2020(4) dt.22-02-2021 3/3 If so advised, either of the parties will be at liberty to make an application before the learned 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. The opposite party no. 2 will be at liberty to make an application before the concerned Family Court for the purpose of maintenance, if so advised.

(Sudhir Singh, J) U.K./- U T