Sri Kant Shaurabh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55272 of 2018 Arising Out of PS.Case No. -96 Year- 2018 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Sri Kant Shaurabh, S/o Tripurari Prasad, R/o Vill.- Majhawari, P.S.- Simari Distt.- Buxar at present R/o Muhalla- Sidharthnagar Anaith, P.S.- Ara Nawada, Distt.- Bhojpur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Guriya Devi, W/o Srikant Saurabh, D/o Sailendra Thakur, At present R/o Mohalla- Pakari (Near Gas Agency), P.S.- Ara Nawada, Distt.- Bhojpur.

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

For the Petitioner : Mr. Rajani Ranjan Pd. Singh, Advocate. For the State : Mrs. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2018 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 and 506/34 of the IPC.

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 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

Patna High Court Cr.Misc. No.55272 of 2018 (2) dt.01-10-2018 2/2 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. Bhojpur at Ara, in connection with Mahila P.S. Case No. 96/18, 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 or one time settlement.

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