Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29520 of 2021 Arising Out of PS. Case No.-1025 Year-2020 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Rahul Kumar S/O Chandrashekhar Singh @ Chandesar Singh (30 Years As Per Complaint Petitioner), Resident Of Nipaniya, P.S.-FULWARIYA, DistrictBegusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anshu Kumari W/O Rahul Kumar R/O Village-Nipaniya, P.S-Fulwariya, District-Begusarai At Present D/O Pankaj Singh, R/O Village-Chak, P.S.- MATIHANI, District-Begusarai.

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 323, ,384, 420, 406, 494, 498(A) and 307 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-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.29520 of 2021(2) dt.12-07-2021 2/3 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. In the present case, summons has been issued under Section 498A IPC and 3⁄4 of the D.P. Act. 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 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 and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Complaint Case No. 1025/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.

Patna High Court CR. MISC. No.29520 of 2021(2) dt.12-07-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

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