Bikesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30029 of 2023 Arising Out of PS. Case No.-609 Year-2021 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Bikesh Rai Son Of Sri Umesh Rai Resident Of Village Kesari Ps Ekma, Dist Saran At Chappra.

... ... Petitioner

Versus

1.

The State Of Bihar 2.

Alpana Kumari @ Guddiya Kumari Wife Of Bikesh Rai Resident Of Village-Keshari, Ps-Ekma, Dist-Chhapra Saran At Present Daughter Of Rabindra Nath Singh Resident Of Village- Sakara Ps- Gp Nagar Tarvara O, Dist- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Kumar Tiwari, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP For O.P No. 2 :

Mr. Yashwant Kumar Chaman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for O.P. No. 2. The petitioner is apprehending his arrest in a case registered under Sections 498A, 323, 406 and 307 of the Indian Penal Code in which cognizance has been taken under Sections 498A and 323/34 of I.P.C.

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 the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.30029 of 2023(2) dt.24-06-2023 2/3 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. 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 Court below/concerned Court in connection with Complaint Case No. 609/2021, 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.

Patna High Court CR. MISC. No.30029 of 2023(2) dt.24-06-2023 3/3 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) Pankaj/Nitin U T