Awadhesh Kumar v. The Sate Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16297 of 2020 Arising Out of PS. Case No.-3188 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== AWADHESH KUMAR Son of Sri Muneshwar Sao Resident of B-118, Vasant Kunj Enclave, P.S.- Vasant Kunj, New Delhi ... ... Petitioner/s

Versus

1.

THE SATE OF BIHAR 2.

Kriti Kumari Wife of Sri Awadhesh Kumar Daughter of Sri Prabhat Sao, Resident of Parmeshwari Mill, Mohalla - Daldali Road (Between Janak Kishore Road and Nawal Kishore Road), P.S.- Kadamkuan, District - Patna (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Saket Tiwary, Advocate For the State :

Mr.Madhura Nand Jha, APP For opposite party No.2 :

Mr. Dilip Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2 through virtual mode.

The petitioner is apprehending his arrest in connection with Patna Complaint case No.3188(c) of 2015 registered under Sections 379, 420, 498A 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

Patna High Court CR. MISC. No.16297 of 2020(2) dt.29-10-2021 2/3 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. 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 Sub Divisional Judicial Magistrate, Patna in connection with Complaint case No.3188(c) of 2015, 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

Patna High Court CR. MISC. No.16297 of 2020(2) dt.29-10-2021 3/3 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 refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T