Ravi Shankar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17104 of 2022 Arising Out of PS. Case No.-47 Year-2021 Thana- MAHILA P.S. District- Patna ====================================================== RAVI SHANKAR S/O SHRI DHANANJAY KUMAR SINHA R/o villageKahkda, P.S.- Noorsarai, District- Nalanda, Presently residing at C/o- T Rajavel, S/o Thanigaivasan, No. 210/3-1, Palavanatham, Near Water Tank, Rusha Township, K V Kuppam, Vellore, Tamil Nadu, 632201 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Archana Kumari D/o Om Prakash R/o Mohalla- Purani Jakkanpur (Janta Road), Post- G.P.O., P.S.- Gardanibagh, District- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Ravish, Advocate For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.
The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 498A, 506, 509, 34 of the Indian Penal Code and 3 and 4 of D.P. Act.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.
It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.17104 of 2022(2) dt.28-04-2022 2/3 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 due to petty family dispute. 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, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, 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 furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in connection with Mahila P.S. Case No. 47 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner is directed to co-operate during the trial. If the petitioner does not co-operate during the trial, the Court below will be at liberty to cancel the bail bonds of the
Patna High Court CR. MISC. No.17104 of 2022(2) dt.28-04-2022 3/3 petitioner.
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) Pankaj/- U T