Ajit Lal Das v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14708 of 2017 Arising Out of PS. Case No.-48 Year-2016 Thana- MAHILA THANA District- Begusarai ====================================================== Ajit Lal Das Son of Ram Lakhan Das, Resident of Village-Thakurichak, P.S.- Garhara, District-Begusarai At Present Resident at 49/6, Tripura Rai Lane, P.S.-Gola Bari, District-Habra, State-West bengal. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Barsha Kumari Wife of Ajit Lal Das, Daughter of Jahasi Kumar Resident of Village-Bihat, Ward No. 7, P.S.-Garhara, District-Begusarai. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sandip Kumar Gautam, Advocate For the State :
Mr. AJIT KUMAR, APP For opposite party No.2 :
Mr. Indrajit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Section 498A/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.
The matter was referred to the Mediation Centre, Patna High Court by order dated 22.06.2017. It has been reported by the Mediator that the mediation has failed.
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 the petitioner has got no criminal antecedent. There is no allegation
Patna High Court Cr.Misc. No.14708 of 2017(7) dt.23-11-2017 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 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. It has further been submitted on behalf of the petitioner that the opposite party No.2 does not want to reside with the petitioner. Hence, as one time settlement the petitioner is ready to pay an amount of Rs.5 lacs within a period of six months. The offers made on behalf of the petitioner is accepted to the counsel for the opposite party No.2.
On behalf of the State and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the F.I.R.
Considering the submissions made on behalf of the parties, let the petitioner, above named, be released on provisional anticipatory bail for a period of six months on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Begusarai in connection with Mahila P.S. case No.48 of 2016, subject to the conditions as laid down under
Patna High Court Cr.Misc. No.14708 of 2017(7) dt.23-11-2017 3/3 Section 438(2) of the Code of Criminal Procedure. In the meantime, the petitioner shall deposit an amount of Rs.5 lacs in the court below, which shall be released in favour of the opposite party No.2. Once the entire amount is deposited by the petitioner, the court below shall confirm the provisional anticipatory bail granted to the petitioner. As one time settlement is arrived between the parties, the parties shall take necessary steps for getting their litigation resolved pending before the court below.
(Sudhir Singh, J) Narendra/- U T