Vikash Kumar Singh @ Vikas Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41226 of 2018 Arising Out of PS. Case No.-218 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Vikash Kumar Singh @ Vikas Singh S/o Late Umesh Prasad Singh, resident of Village- Soharthi, P.S.- Jandaha, District- Vaishali, at present 427/28, Dutt Nagar, Sayaji Park, Ajwa Road, P.S.- Papad, Barodra, Gujrat, PIN- 390019. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sandhila Tiwari, W/o Shree Vikas Kumar Singh, D/o Shree Jai Kumar Tiwari, resident of Village- Mahaiya Malpur, P.S.- Patepur, District- Vaishali, at present C/o Balak Nath Bhikhanpur, Pragya Nagar, Near Ramdayalu Nagar Station, P.S.- Sadar Muzaffarpur, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Prakash Chandra Jha, Advocate For the State :

Mr. Ashok Kumar Singh , APP For opposite party No.2 :

Mr. Sunil Kr. Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.

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 due to petty family dispute. The case is triable by the Magistrate. The petitioner has

Patna High Court Cr.Misc. No.41226 of 2018(2) dt.10-07-2018 2/2 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.

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 six 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 S.D.J.M., Muzaffarpur (East) in connection with Complaint case No.218 of 2018 (Tr. No.2620 of 2018), 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.

Narendra/- (Sudhir Singh, J) U T