Sandeep Kumar @ Vikky @ Sandip Kumar @ Vicky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30684 of 2021 Arising Out of PS. Case No.-2014 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SANDEEP KUMAR @ VIKKY @ SANDIP KUMAR @ VICKY Son of Late Sunil Kumar Verma @ Munna Babu Resident of Mohalla - Brahmani Ghat Sendh Ki Thakurbari, P.S. - Vishnu Path, District - Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rupa Kumari Sinha W/o Sandeep Kumar @ Vikky, D/O Sunil Kumar Sinha Resident of Mohalla - Brahmani Ghat Sendh Ki Thakurbari, P.S. - Vishnu Path, District - Gaya, At Present residing at Village - Rampur, Garikhana, P.O. and P.S. - Khagaul, District - Patna.

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

For the Petitioner/s :

Mr.Ashok 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 initially registered under Sections 147, 148, 149, 323, 504, 506, 379, 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act but later on, cognizance has been taken under Sections-498A, 323/504 of the Indian Penal Code only.

Allegation against the petitioner is of committing torture

Patna High Court CR. MISC. No.30684 of 2021(2) dt.12-07-2021 2/3 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 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 victim. 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 Miss Sharda, learned Judicial Magistrate-Ist Class, Danapur, Patna in connection with Complaint Case No. 2014(C) of 2019 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

Patna High Court CR. MISC. No.30684 of 2021(2) dt.12-07-2021 3/3 two sureties of the like amount each within a period of eight 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