Satyendra Pd @ Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23916 of 2017 Arising Out of PS.Case No. -36 Year- 2016 Thana -KASHICHAK District- NAWADA ======================================================

1. Satyendra Pd @ Satyendra Kumar, S/o Mahendra Prasad @ Maedra Mahto, R/o Vill- Vijay Nagar, P.S.- Kadirganj, Distt- Nawada. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 341, 323, 498(A), 494, 379/34 of the Indian Penal Code.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

Notice was issued upon the O.P. No.2 vide order dated 01.07.2017 but today when the matter is taken up, none appears on behalf of the O.P.No.2.

Vide order dated, 06.09.2017, the matter was referred to the Mediation and Conciliation Centre, Patna High Court, Patna but the report of the mediator indicates that the matter has been settled between the parties.

Patna High Court Cr.Misc. No.23916 of 2017 (4) dt.09-11-2017 2/2 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. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Kashichak P.S. Case No. 36 of 2016, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Rajesh Kumar, J.M. 1st Class, Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T