Dhananjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16183 of 2020 Arising Out of PS. Case No.-46 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== DHANANJAY KUMAR Son of Raghunandan Prasad Gupta Resident of Gupta Colony Gola road, Near Northen Gate of St. Kancus School, P.S.- Danapur, Distt - Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kimasee Kumari Wife of Dhananjay Kumar, D/o Ramesh Chandra Gupta Resident of Shaktinagar, Mitramandal Colony, Anishabad, Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Vasant Vikas, Advocate For the State :
Mr.Ram Priya Sharan Singh, APP For opposite party No.2 :
Mrs. Bandana Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2021 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 connection with Mahila P.S. case No.46 of 2019 registered under Sections 341, 323, 498A, 504, 506/34 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
Patna High Court CR. MISC. No.16183 of 2020(3) dt.16-12-2021 2/3 petitioner. The petitioner has falsely been implicated in the present case. 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 and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case/F.I.R.
Considering the 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 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 Chief Judicial Magistrate, Patna in connection with Mahila P.S. case No.46 of 2019, 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. In case, any such application is made by either of the parties, the court below shall
Patna High Court CR. MISC. No.16183 of 2020(3) dt.16-12-2021 3/3 refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T