Shamshad Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26507 of 2023 Arising Out of PS. Case No.-694 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Shamshad Gaddi Son Of Mahanth Gaddi @ Mahanth Raut Resident Of Village- Siyarahi ,PS Shikarpur ,DISTRICT West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gulabi Khatoon Wife Of Shamshad Gaddi Resident Of Village- Siyarahi, PsShikarpur, Distt- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Bimlesh Kumar Pandey, Advocate For the State :

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 498A, 494, 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that 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. On the earlier occasion also, a case was

Patna High Court CR. MISC. No.26507 of 2023(2) dt.21-06-2023 2/3 instituted for similar offence against the petitioner and his family members. 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 learned Court below/concerned Court in connection with Shikarpur P.S. case No.694/2022, 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. 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

Patna High Court CR. MISC. No.26507 of 2023(2) dt.21-06-2023 3/3 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