Shailesh Mishra @ Ankit Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43575 of 2021 Arising Out of PS. Case No.-36 Year-2021 Thana- BANIAPUR District- Saran ====================================================== SHAILESH MISHRA @ ANKIT MISHRA Son of Late Shambhunath Mishra Resident of Village - Dhangaraha Tole Gopolpur, P.S.- Baniyapur, Dist.- Saran.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Soni Mishra W/o Shailesh Mishra @ Ankit Mishra @ D/o- Late Shivnath Tiwary At present Resident of Village - Marhowrah Baish Tola, P.S.- Marhowrah, Distt.- Saran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harish Kumar, Advocate For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Further, counsel for the petitioner is permitted to make necessary correction in the address portion of the petitioner in the bail application.
The petitioner is apprehending his arrest in connection with Baniyapur P.S. case No.36/21 registered under Sections 341, 323, 498A/34 of the Indian Penal Code.
Allegation against the petitioner is of committing
Patna High Court CR. MISC. No.43575 of 2021(2) dt.17-08-2021 2/3 torture upon the victim due to non-fulfilment 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. 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. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned C.J.M., Chapra, Saran in connection with Baniyapur P.S. case No.36/21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with
Patna High Court CR. MISC. No.43575 of 2021(2) dt.17-08-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
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) Narendra/- U T