Manoj Bhindwar @ Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39174 of 2021 Arising Out of PS. Case No.-1510 Year-2015 Thana- COMPLAINT CASE District- Supaul ====================================================== MANOJ BHINDWAR @ MANOJ YADAV Son of Late Mitan Bhindwar @ Mitan Yadav Resident of Village- Saraigarh Bhaptiyahi, P.S. and P.O. Bhaptiyahi (Saraigarh), Dsitrict- Supaul. At present Basbitti Tola, Bhajantoli, P.S. and Dsitrict- Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Maheshwar Yadav Son of Late Ramjee Yadav Resident of Village- Basbitti, P.S. and Dsitrict- Supaul.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhim Kumar Yadav, Advocate For the Opposite Party/s :

Mrs.Shaheen Begum, APP Mr.Nafisuzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered under sections 498(A)/494/406/379/323/504 of the IPC. Allegation against the petitioner is of committing torture upon the daughter of the complainant (victim) due to nonfulfillment of demand of dowry and ousted her out of the house. It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. The petitioner has relied upon the judgment of this Court in the case

Patna High Court CR. MISC. No.39174 of 2021(2) dt.20-06-2022 2/3 of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. It is submitted that the petitioner is ready and willing to keep his wife with full honour and dignity.

It is submitted by learned counsel for the informant that the informant-wife of the petitioner is also ready and willing to reside with the petitioner, provided, she is not tortured. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.1510 C/2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. 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.

However, petitioner is directed to appear before the concerned Court as and when the date is fixed, in connection

Patna High Court CR. MISC. No.39174 of 2021(2) dt.20-06-2022 3/3 with Maintenance Case No.71 of 2019 pending before the Court of Principal Judge, Family Court, Supaul and on failure to appear on two consecutive dates, the bail bond of the petitioner shall be cancelled by the learned Court below itself. (Anjani Kumar Sharan, J) pallavi/- U T