Pappu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26997 of 2023 Arising Out of PS. Case No.-239 Year-2016 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Pappu Ram Son Of Ghuran Ram R/V- Bhajanpatti, P.S.- Rosera, DistrictSamastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mala Devi Wife Of Pappu Ram, D/O Kari Ram R/O Village- Mahthi Tola Churapar, P.S.- Bibhutipur, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Vinay Kumar Mishra, Advocate For the State :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A and 323 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. Earlier the anticipatory bail of the petitioner was rejected vide Annexure 1 to the present application.

This is the second anticipatory bail filed on behalf of the petitioner.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.26997 of 2023(2) dt.24-06-2023 2/3 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 case is triable by the Magistrate. It has further been submitted that vide Annexure 3 to the present application, the matter has been reconciled between the parties. 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 fact that the matter has been reconciled between the parties, 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 learned Court below/concerned Court in connection with Complaint case No.239 of 2016, 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

Patna High Court CR. MISC. No.26997 of 2023(2) dt.24-06-2023 3/3 below will be at liberty to cancel the bail bonds of the petitioner. 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) Narendra/- U T