Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29658 of 2023 Arising Out of PS. Case No.-58 Year-2022 Thana- MAHILA PS District- East Champaran ====================================================== AMIT KUMAR, Son of Rajendra Prasad, Resident of Mohalla-Balua Tal, P.S.-Motihari Town, District-East Champaran.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

KUMARI NITA, Wife of Amit Kumar and daughter of Chandrika Ray, at present residing at village-Bahawanipur Jeerat, P.S. Chautani, District-East Champaran.

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

For the Petitioner :

Mr. Rajesh Ranjan, Advocate For the State :

Mr. Md. Iftekhar Mahmood, 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 323, 341, 498(A), 506, 504, 120(B), 494 of the I.P.C. and Section 3⁄4 of the D.P. Act. 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 due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.29658 of 2023(2) dt.24-06-2023 2/3 The petitioner is the husband of the victim. On the earlier occasion also, one more case was instituted by the opposite party no. 2 for the similar offence against the petitioner. The case is 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 Mahila P.S. Case No. 58 of 2022, 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

Patna High Court CR. MISC. No.29658 of 2023(2) dt.24-06-2023 3/3 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