Diwakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19070 of 2022 Arising Out of PS. Case No.-36 Year-2016 Thana- MAHILA P.S. District- Sheikhpura ====================================================== DIWAKAR KUMAR S/o- Surendra Paswan Resident of Village and P.S.- Chewara, District- Sheikhpura. At present resident of patil complex, Chirdalli Taluk Haweli, P.S.- Daho, road, District- Pune Maharashtra. ... ... Petitioner

Versus

1.

The State of Bihar 2.

NIRMALA KUMARI W/o Prahalad Paswan Resident of Village- Faridpur, P.S.- Sheikhpura, Dist- Sheikhpura.

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

For the Petitioner/s :

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

Mrs. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 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-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.19070 of 2022(2) dt.28-04-2022 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 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, let 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 furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sheikhpura in connection with Sheikhpura (Mahila) P.S. Case No. 36 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner is directed to co-operate during the trial. If the petitioner does not co-operate during the trial, the Court below will be at liberty to cancel the bail bonds of the

Patna High Court CR. MISC. No.19070 of 2022(2) dt.28-04-2022 3/3 petitioner.

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