Arjun Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26184 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== ARJUN BAITHA S/o Khedu Baitha R/o village- Baswariya, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priti Kumari W/o Arjun Baitha, D/o Bhola Baitha R/o village- Rampur Bheriyahi, P.S.- Chiraiya, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Nirmal Kumar Sinha Mr. Rajesh Kumar Mr. Deep Anshuman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

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 341, 323, 498(A), 504, 506 and 34 of the IPC. Allegation against the petitioner is of committing torture upon the victim in association with his family members for nonfulfilment of demand of dowry.

Patna High Court CR. MISC. No.26184 of 2022(2) dt.01-09-2022 2/3 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 informant herself went at her parental home and since then she is staying there on her own choice. 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.

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 connection with Muffasil P.S. Case No.68 of 2022, 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

Patna High Court CR. MISC. No.26184 of 2022(2) dt.01-09-2022 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.

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