Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33275 of 2020 Arising Out of PS. Case No.-47 Year-2019 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== BIPIN KUMAR S/o Sheo Nath Ram R/o Village- Kabilaspur, P.S.- Durgawati, District- Kaimur (Bhabua).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ramakant Ram, Advocate For the State :

Mr. Chandra Bhushan Prasad, APP For the informant :

Mr. Pawan Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2021 Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

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 Sections 498A, 323, 341/34 of the Indian Penal Code. Allegation against the petitioner is of committing 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

Patna High Court CR. MISC. No.33275 of 2020(2) dt.25-02-2021 2/2 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 learned counsel for the informant, it is submitted that the petitioner is named in the 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 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 learned Chief Judicial Magistrate, Kaimur in connection with Mahila P.S. case No.47 of 2019, Registration No.1396 of 2019, 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.

(Sudhir Singh, J) Narendra/- U T