Shishnath Sao @ Shish Nath Shaw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31795 of 2019 Arising Out of PS. Case No.-583 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SHISHNATH SAO @ SHISH NATH SHAW S/o Late Dashrath Sao R/o village- Malapara, Gondalpara, P.S.- Chanda Nagar, District- Hooghli (West Bengal) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Priyanka Devi W/o Shisnath Sao, D/o Bindeshwar Sah R/o villageMalapara, Gondalpara, P.S.- Chanda Nagar, District- Hooghli (West Bengal). At present Resident of Dr. Tali Bard No. 7, Mokama, P.O.- Mokama, P.S.- Mokama, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava For the informant :

Mr. M.K. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case registered under Section 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing

Patna High Court CR. MISC. No.31795 of 2019(9) dt.15-09-2020 2/3 torture upon the victim due to non-fulfillment of demand of dowry.

On behalf of the petitioner and learned counsel for the O.P. No. 2, it has been submitted that in pursuance to order dated 07.09.2020, full and final settlement has been made between the parties. Learned counsel for O.P. No. 2 submits that as per the terms of the settlement, Rs. 2 lakhs has already been received in the Account of O.P. No. 2. As per instruction from O.P. No. 2, she does not want to pursue the matter. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the submissions made on behalf of the parties, 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 Sri Karunanidhi Prasad Arya, J.M. 2nd Class, Barh, Patna in connection with Complaint Case No. 583-C/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The parties will be at liberty to file a joint affidavit in

Patna High Court CR. MISC. No.31795 of 2019(9) dt.15-09-2020 3/3 the Court below for dropping the present prosecution in the interest of justice.

(Sudhir Singh, J) Pankaj/- U T