Bibhuti Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25619 of 2022 Arising Out of PS. Case No.-147 Year-2020 Thana- MAHILA P.S. District- Patna ====================================================== BIBHUTI BHUSHAN KUMAR SON OF NIRBHAY SHANKAR PRASAD R/O VILLAGE- SIKANDERA, P.O.- FATEHPUR, P.S.- BELCHHI, DISTRICT- PATNA (BIHAR) ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

PRIYANKA KUMARI D/O- MAHESH PRASAD SINGH R/O- J.P. AWASHIYA UCHHA VIDYALAYA, PRABHAT COLONY CHAS BOKARO- 827013, JHARKHAND ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Archana Sinha @ Archana Shahi For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered under sections 498A, 504, 506, 34 of the IPC and 3⁄4 of the D.P. Act.

Allegation against the petitioner is of committing torture upon the victim in association with his family members for nonfulfilment of demand of dowry. It is also alleged that she got a job of nursing in government hospital where her husband has

Patna High Court CR. MISC. No.25619 of 2022(2) dt.31-08-2022 2/3 taken a huge house on rent and left her alone there and himself joined at Patna.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any torture upon the victim and has been falsely implicated in the present case due to grudge. He has never made any dowry demand from the informant. 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. It is submitted that the petitioner is still ready and willing to keep his wife with full honour and dignity.

Learned counsel for the O.P. No.2 has submitted that the O.P. No.2 is ready to live with the petitioner, provided she is not tortured.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in

Patna High Court CR. MISC. No.25619 of 2022(2) dt.31-08-2022 3/3 connection with Mahila P.S. Case No.147 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. 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.

(Anjani Kumar Sharan, J) shikha/- U T