Arvind Kumar Bind @ Arbind Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49186 of 2018 Arising Out of PS. Case No.-823 Year-2013 Thana- BHABHU(KAIMUR) COMPLAIN C District- Bhabhua (Kaimur) ====================================================== Arvind Kumar Bind @ Arbind Kumar Son of Jhabbu Bind Resident of Village - Parmanandpur, P.S. - IIiya, District - Chandauli (U.P.). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Asha Devi wife of Arbind Kumar Bind Resident of Village - Parmanandpur, Pargana - Keramgaraur, P.S. - IIiya, District - Chandauli (U.P.), at present address - son of Parikha Bind, Resident of Village - Manihari, P.S. - Bhabua, District - Kaimur at Bhabua.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey For the Opposite Party/s :

Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for O.P. No.2. The petitioner seeks bail in a case instituted for the offences under Sections 498A of the Indian Penal Code. 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 is in custody since 27.6.2018 and 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

Patna High Court Cr.Misc. No.49186 of 2018(2) dt.09-08-2018 2/2 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 F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on 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, Kaimur at Bhabhua in connection with Complaint Case No. 823 of 2013, registration No. 8674 of 2014.

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