Ratnesh Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29425 of 2023 Arising Out of PS. Case No.-206 Year-2022 Thana- ARIYARI District- Sheikhpura ====================================================== RATNESH KUMAR SINHA, Son of Ramchandra Prasad, Resident of village - Vidyapur (Hussainabad), P.S. - Ariyari, Distt. - Sheikhpura. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Lovely Kumari, Wife of Ratnesh Kumar Sinha, D/o Rajendra Mahto Resident of village - Jakhaior, P.S. - Ariyari, Distt. - Sheikhpura. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Dr. Anjani Pd. Singh, Advocate For the State :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 323, 498(A), 376/511, 420 and 406/34 of the I.P.C.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated

Patna High Court CR. MISC. No.29425 of 2023(2) dt.24-06-2023 2/3 in the present case. So far the allegation for the offence under Sections 376/511 of the I.P.C. is concerned, the same is alleged against the co-accused, namely, Ravindra Mahto. There is no allegation with respect to commission of offence under Sections 376/511 of the I.P.C. against the petitioner. Except for the offence under Sections 376/511 of the I.P.C., rest of the offences are triable by the Magistrate. The petitioner is the husband of the victim. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let 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 court below/concerned court, in connection with Ariyari P.S. Case No. 206 of 2022, subject to the conditions as laid down under

Patna High Court CR. MISC. No.29425 of 2023(2) dt.24-06-2023 3/3 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 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) U.K./- U T