Srinivas Nakka v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51578 of 2018 Arising Out of PS.Case No. -3574 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Srinivas Nakka, S/o Bhadrachalam Nakka, Resident of Door No. 49-44-24, F-401, Sai Bharathi Residency, Akkayyapalem, 4th Town, P.S. Balayya Sastri layout, Town & District-Visakhapatnam-530016, Andhra Pradesh. .... .... Petitioner

Versus

The State of Bihar & Anr .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anju Kumari @ Anju Narain For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.

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 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to

Patna High Court Cr.Misc. No.51578 of 2018 (2) dt.25-09-2018 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.

On behalf of the opposite party No. 2, it is submitted that the petitioner is avoiding his appearance in Maintenance Case No. 337 of 2017 and D.V. Case No. 99 of 2018. Counsel for the petitioner ensures that the petitioner will appear in the aforesaid cases and will cooperate in the proceedings of the court. 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 six 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 learned Sub Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 3574 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the

Patna High Court Cr.Misc. No.51578 of 2018 (2) dt.25-09-2018 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) A.K.V./- U T