Budhram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29760 of 2023 Arising Out of PS. Case No.-199 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== BUDHRAM SINGH, Son of Late Nathuni Singh, Resident of village - Bahurupia, P.S. - Turkauliya, Distt. - East Champaran. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Rinku Devi, Wife of Pramod Singh, Resident of village - Jaisinghpur, P.S. - Turkauliya, Distt. - East Champaran.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

M/S. Anuj Kumar, Aditya Pandey and Sagrika Shyam Kishore, Advocates For the State :

Mrs. Asha Devi, 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 341, 323, 354B, 308, 504, 506 and 498(A) 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 falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the

Patna High Court CR. MISC. No.29760 of 2023(2) dt.24-06-2023 2/3 father-in-law of the victim. On the earlier occasion also, a case was instituted by the opposite party no. 2 of the present case for the similar nature of the offence. There is no medical examination report in support of the offence under Section 308 of the I.P.C. Except for the offence under Section 308 of the I.P.C., rest of the offences are triable by the Magistrate. 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 Turkauliya P.S. Case No. 199 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.29760 of 2023(2) dt.24-06-2023 3/3 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