Rajeev Kumar @ Rajiv Kunwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29612 of 2021 Arising Out of PS. Case No.-422 Year-2020 Thana- AMARPUR District- Banka ====================================================== 1.
RAJEEV KUMAR @ RAJIV KUNWAR S/o Shravan Kumar @ Sharban Kunwar R/o village- Laungain, P.S.- Amarpur, District- Banka 2.
SHRAVAN KUMAR @ SHARBAN KUNWAR S/o Late Vishundev Kunwar R/o village- Laungain, P.S.- Amarpur, District- Banka ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
SHABANAM KUMARI W/o Rajeeo Kumar @ Rajiv Kunwar R/o villageLaungain, P.S.- Amarpur, District- Banka ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2021 Heard learned counsel for the petitioners and the State through virtual mode.
Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 498A, 504, 506 and 34 of the Indian Penal Code.
Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioners that the
Patna High Court CR. MISC. No.29612 of 2021(2) dt.12-07-2021 2/3 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioner Nos. 1 & 2 are husband and father-in-law of the victim respectively. The petitioners have 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 petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, 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 their personal bond to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 422 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 petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven
Patna High Court CR. MISC. No.29612 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