Vijay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28976 of 2023 Arising Out of PS. Case No.-564 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Vijay Das Son Of Fuleshwar Das Resident Of Village- Maheshbara, PsBabubarhi, Distt- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ful Kumari Wife Of Vijay Das Resident Of Village- Maheshbara, Ps Babubarhi, Distt- Madhubani At Present Daughter Of Bindeshwar Das, Resident Of Village- Sater, Ps- Khajauli, Distt- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Gagan Das Yadav, Sr. Advocate Mr. Ravi Prakash, Advocate For the Opposite Party :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case initially registered under Sections 323, 341, 354, 452, 380 & 498(A)/34 of the Indian Penal Code but later on, cognizance has been taken under Sections 323, 341 & 498(A) of the Indian Penal Code.

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 allegation

Patna High Court CR. MISC. No.28976 of 2023(2) dt.21-06-2023 2/3 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 the Court below/concerned Court in connection with Complaint Case No. 564 of 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.

If so advised, either of the parties will be at liberty to

Patna High Court CR. MISC. No.28976 of 2023(2) dt.21-06-2023 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. 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