Mukesh Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23428 of 2020 Arising Out of PS. Case No.-347 Year-2019 Thana- CHAUSA District- Madhepura ====================================================== Mukesh Kumar Patel Son of Basudev Patel @ Basudev Mandal @ Basudeo Patel Resident of Village - Bhangha, P.S.- Falkha, Dist.- Katihar, at present residing at Q. No. 27, 2nd Cross, Devappa Garden, RMV 2nd Stage Extension, Bangalore North, Karnataka.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Prerna Priya Wife of Mukesh Kumar Patel D/o Manoj Prasad, Resident of Village - Arajpur, P.S.- Chousa, Dist.- Madhepura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sharda Nand Mishra, Advocate For the State :

Mr. Dilip Kumar No.1, APP For the Informant :

Mr. Saket Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2021 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 312, 313, 379, 498(A), 504, 506, 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment 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 due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the

Patna High Court CR. MISC. No.23428 of 2020(3) dt.13-12-2021 2/2 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.

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.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Udakishunganj, District Madhepura in connection with Chousa P.S. Case No.347 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 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.) Sanjay/- U T