Ajeet Sah @ Ajeet Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28174 of 2021 Arising Out of PS. Case No.-326 Year-2017 Thana- MASHRAK District- Saran ====================================================== Ajeet Sah @ Ajeet Kumar Sah, S/o Late Ram Dhari Sah, R/o Village Kotawa, P.S. Barauli, District Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Rinki Devi, D/o Late Laxmi Sah, R/o Village Barwaghat Baluwa, P.S. Mashrak, District Saran.

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered under Sections 323, 341, 379, 498(A) of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of additional

Patna High Court CR. MISC. No.28174 of 2021(2) dt.03-01-2022 2/3 demand of dowry.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present 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 FIR.

Considering the aforesaid facts and circumstances, let 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 furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- VI, Saran, Chapra in connection with Masharakh P.S. Case No.326 of 2017, 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.28174 of 2021(2) dt.03-01-2022 3/3 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J.) Sanjay/- U T