Sanjay Srivastava @ Sanjay Srivastave @ Sanjay Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26003 of 2023 Arising Out of PS. Case No.-806 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Sanjay Srivastava @ Sanjay Srivastave @ Sanjay Kumar Srivastava Son Of Chandrika Prasad Resident Of Village- Sonasati Ward No. 07, Ps- Shikarpur, Distt- West Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Annu Devi Wife Of Sanjay Srivastav Resident Of Village- Sonasati, Ward No. 7, Ps- Shikarpur, Distt- West Champaran At Present Residing At VillageMahuawa Marjadawa Ward No. 11, Ps- Prushottampur, Distt- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 498A, 307, 504/34 of 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 of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.26003 of 2023(2) dt.21-06-2023 2/3 petitioner. The petitioner has falsely been implicated in the present case. There is no medical examination report in support of the allegation for the offence under Section 307 of the Indian Penal Code. Rest of the offences are 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. 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, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shikarpur P.S. case No. 806 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioner is directed to co-operate during the trial. If the petitioner does not co-operate during the trial, the Court below will be at liberty to cancel the bail bonds of the petitioner.

Patna High Court CR. MISC. No.26003 of 2023(2) dt.21-06-2023 3/3 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. In case, any such application is made by either of the parties, the Court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Pankaj/Nitin U T