Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23584 of 2023 Arising Out of PS. Case No.-229 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Gaurav Kumar, Son Of Sudhir Kumar, Resident Of Village- Naya Tola, Dharhara Kothi, P.S.- Kadamkuan, Dist- Patna. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Shivani Priya, Wife Of Gaurav Kumar, Resident Of House No. 67. (D) Near Dixit, Dharhara Kothi, Bankipur, Patna. At Present C/O Satyendra Prasad Sinha, Renter Of Yadunandan Prasad Girija Bhawan, Kumar X-Ray Wali Gali, Near Dr. Awadhesh, Mohalla- Ramchandrapur, P.S.- Laheri, TownBiharsharif, Dist- Nalanda. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Raj Krishna Jha, Advocate For the O.P. No. 2 : M/S. Akash Shankar & Anushka, Advocates For the State :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Section 498(A) of the I.P.C. and on the basis of complaint petition, statements of the complainant and the witnesses under Sections 200 and 202 of the Cr.P.C., process under Section 204 of Cr.P.C. has been issued. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

Patna High Court CR. MISC. No.23584 of 2023(2) dt.24-06-2023 2/3 It has been submitted by learned counsel for the 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 the opposite party no. 2, 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 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 court below/concerned court, in connection with C.A. Case No. 229 (C) of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.23584 of 2023(2) dt.24-06-2023 3/3 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 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. 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) U.K./- U T