Prasoon Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29555 of 2021 Arising Out of PS. Case No.-413 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== PRASOON KUMAR SINGH Son of Late Sitaram Singh Resident of Village - Kotwali, P.S.- Nawada (Rajoun), Dist.- Banka at present - Flat No. 302, Friends Vatika Apartment H. S Verma Lane, Boring Road, Pani Tanki, Patliputra Boring Road Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prity Kumari Wife of Prasoon Kumar Singh D/O Jay Prakash Singh, Resident of Village - Harwa, P.S.- Jagdishpur, Dist.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Kumar Sinha For the Opposite Party/s :

Mr.A.G.

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

Learned counsel for the petitioner is directed to remove the defect(s), 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 341, 342, 323, 379, 498A, 120(B) and 34 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 the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.29555 of 2021(2) dt.12-07-2021 2/3 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is husband of the informant/complainant. The petitioner undertakes that he will cooperate during trial. 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 of the case and also the lockdown, 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 his personal bond to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S. Case No. 413 of 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. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight

Patna High Court CR. MISC. No.29555 of 2021(2) dt.12-07-2021 3/3 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) A.K.V.//- U T