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Patna High CourtCR. MISC./43814/2018bail granted

Ravi Kumar v. State Of Bihar And ANR

2018-07-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43814 of 2018 Arising Out of PS. Case No.-265 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Ravi Kumar Son of Rakesh Kumar Resident of Village- Lohiya Nagar, P.S. Nagar, District- Begusarai.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ashu Priya D/o of Surendra Kumar, Wife of Ravi Kumar Resident of VillageAshok Nagar, Pokhariya, P.S. Town, District- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.N.P. Sinha, Sr, Advocate Mr. Jitendra Narain Sinha For the Opposite Party/s :

Mr. Sri Asharaf Ansari For the O.P. No. 2 :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2018 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 Sections 494, 498A/34 of the Indian Penal Code and 3⁄4 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 relied upon the judgment of this Court in the case of Md. Naimul

Patna High Court Cr.Misc. No.43814 of 2018(2) dt.23-07-2018 2/2 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 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 Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 265 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.

(Sudhir Singh, J) Pankaj/- U T