Mukund Kumar @ Mukund Hari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26975 of 2023 Arising Out of PS. Case No.-200 Year-2021 Thana- BARH District- Patna ====================================================== 1.
Mukund Kumar @ Mukund Hari Son of Late Devendra Kr. Singh R/VBelan Bazar Munger, PS- Kasim Bazar, Dist- Munger 2.
Dipti @ Dipti Kumari @ Dipti Singh @ Rinki Wife of Mukund Kumar R/VBelan Bazar Munger, PS- Kasim Bazar, Dist- Munger ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Julee Kumari Wife of Late Ravikant R/V- Mohammadpur PS- Barh, DistPatna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Binod Kumar Sinha, Advocate For the State :
Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 498A, 420 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Allegation against the accused persons including the petitioners is of committing torture upon the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The
Patna High Court CR. MISC. No.26975 of 2023(2) dt.24-06-2023 2/3 petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner No.1 is brotherin-law and petitioner No.2 is sister-in-law of the informant. The petitioners have 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 petitioners are named in the complaint case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, 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 Barh P.S. case No.200/2021 (G.R. No.703/21), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioners are directed to co-operate during the trial. If the petitioners do not co-operate during the trial, the court below will be at liberty to cancel the bail bonds of the petitioners.
If so advised, either of the parties will be at liberty to
Patna High Court CR. MISC. No.26975 of 2023(2) dt.24-06-2023 3/3 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