Raju Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33548 of 2021 Arising Out of PS. Case No.-437 Year-2019 Thana- MASHRAK District- Saran ====================================================== RAJU KUMAR TIWARI Son of Prabhunath Tiwari @ Chhathu Lal Tiwari Resident of Village - Sonouli, P.S.- Mashrakh, District - Saran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Mashrakh P.S. case No.437 of 2019 registered under Sections 341, 323, 498(A), 315, 504, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture and assault 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

Patna High Court CR. MISC. No.33548 of 2021(3) dt.27-09-2021 2/3 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty reason. There is no medical examination report in respect of offence under Section 315 of I.P.C. 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 facts and circumstances of the case, 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 furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Saran at Chapra in connection with Mashrakh P.S. case No.437 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the

Patna High Court CR. MISC. No.33548 of 2021(3) dt.27-09-2021 3/3 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) Narendra/- U T