Ranjan Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32934 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- MAHILA P.S District- West Champaran ====================================================== RANJAN KUMAR DAS S/O NARAIN CHANDRA DAS R/O Village- Lal Saraiya Bangali Colony, P.S- Majhaulia, Distt.- West Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Puja Kumari W/O Ranjan Kumar Das and D/O Arun Kumar Ghosh R/O Village- Lal Saraiya Bangali Colony Ward No. 07, P.S- Majhaulia, Distt.- West Champaran, at present residing at Hajari Camp ward No. 02, P.SBettiah Town (Kalibagh O.P), Distt.- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr.Anand Kishore Choudhary, APP For the O.P. No. 2 :
Mr. Bimlesh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 2. The petitioner is apprehending his arrest in a case registered under Sections 498A, 323, 341, 342, 307 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture and assault 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
Patna High Court CR. MISC. No.32934 of 2023(2) dt.07-07-2023 2/3 petitioner. The petitioner has falsely been implicated in the present case. There is no medical examination report in support of offence under Section 307 of the Indian Penal Code. Rest of the offences are 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 and O.P. No. 2, it is submitted that the petitioner is named in the Complaint Case/F.I.R. 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 twelve 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 Court below/concerned Court in connection with Bettiah Mahila P.S. case No. 02 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
The petitioner is directed to co-operate during the trial. If the petitioner does not co-operate during the trial, the Court below will be at liberty to cancel the bail bonds of the petitioner.
Patna High Court CR. MISC. No.32934 of 2023(2) dt.07-07-2023 3/3 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. In case, any such application is made by either of the parties, the Court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Pankaj/VikashU T