Ravi Shankar Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49970 of 2018 Arising Out of PS.Case No. -866 Year- 2015 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Ravi Shankar Kumar, S/o Late Ram Chandra Sao, R/o Vill. -Khoosrupur, Mohalla- Nim Tal, P.S.- Khusroopur, District- Patna. .... .... Petitioner
Versus
1. The State of Bihar.
2. Nitu Kumari, W/o Ravi Shankar Kumar, D/o Yogendra Sao, At present R/o Vill.- Mai, P.S.- Parwalpur, District- Nalanda. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Anil Kumar Singh, Advocate. For the State : Mr. Kumar Virendra Narayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 and learned A.P.P. for the State. The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 379, 323, 307 of the IPC and 3⁄4 of the D.P. Act in which cognizance has been taken under Sections 323, 498(A) of the IPC and 4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There
Patna High Court Cr.Misc. No.49970 of 2018 (2) dt.16-08-2018 2/3 is no allegation of tampering with the 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 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 counsels for the State and opposite party no. 2, 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 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 the learned S.D.J.M. Hilsa, Nalanda, in connection with Complaint Case No. 866C of 2015, 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 matter to the District Mediation Centre for the purpose of reconciliation
Patna High Court Cr.Misc. No.49970 of 2018 (2) dt.16-08-2018 3/3 or one time settlement.
U.K./- (Sudhir Singh, J) U T