Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35441 of 2020 Arising Out of PS. Case No.-1263 Year-2018 Thana- COMPLAINT CASE District- Jamui ====================================================== RAJA KUMAR, aged about 27 years (Male), S/o Nandlal Paswan, R/o village- Bhurkunda, P.S.- Ghaghra, District- Ramgarh (Jharkhand). ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Sinku Kumari, aged about 23 years (Female), W/o Raja Kumar, D/o Krishna Paswan R/o village- Ramsagar, P.S.- Sikandara, District- Jamui. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Akash Raj, Advocate.

For the State :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 323, 504 and 379 of the I.P.C.

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

Patna High Court CR. MISC. No.35441 of 2020(2) dt.09-04-2021 2/3 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 petitioner is the husband of the victim. The case is triable by the 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 counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances of the case, 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/- (Rupees Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jamui, in connection with Complaint Case No. 1263C of 2018, 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

Patna High Court CR. MISC. No.35441 of 2020(2) dt.09-04-2021 3/3 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. The opposite party no. 2/informant will be at liberty to make an application before the concerned Family Court for the purpose of maintenance, if so advised.

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