Gaurav Kumar @ Golu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28339 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

GAURAV KUMAR @ GOLU SINGH Son of Anil Singh Resident of Village - Malahi, P.S.- Malahi, District - East Champaran. 2.

Rakesh Mishra Son of Surendra Mishra Resident of Village - Malahi, P.S.- Malahi, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Raj, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, 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 498/ 324/ 307/ 436/ 452/ 504/ 506/ 354/34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Vide annexure-2 to the application, the matter has

Patna High Court CR. MISC. No.28339 of 2023(2) dt.24-06-2023 2/3 been compromised between the parties. 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) each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Govindganj P.S. Case No. 93 of 2023, 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 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.28339 of 2023(2) dt.24-06-2023 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) A.K.V.//- U T