Mayank Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35962 of 2020 Arising Out of PS. Case No.-282 Year-2019 Thana- BIHPUR District- Bhagalpur ====================================================== Mayank Raj son of Sri Shambhu Kumar Ray resident of village- Marwa, P.s.- Jhandapur, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Beauti Kumari W/o Mayank Raj Daughter of Shyam Nandan Chaudhary, at present resident of Mohalla- Surkhikal near Masjid, P.s.- Barai, DistrictBhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surinder Kumar, Adv.

For the State :

Mr. Raj Kishore Singh, APP For the O.P. No. 2 Mr. N.K. Agrawal, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-01-2022 Heard learned counsel for the petitioner, Opposite Party no. 2 and learned Additional Public Prosecutor for the State through the virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 498A, 323, 406, 504, 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act, 1961.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits

Patna High Court CR. MISC. No.35962 of 2020(5) dt.06-01-2022 2/3 that the informant has also filed a Misc. Case bearing Case No. 93 of 2019 in the court of the learned Principal Judge, Bhagalpur under Section 125 Cr.P.C. in which the petitioner has already appeared and filed his written statement. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State and opposite party no. 2 oppose the prayer for bail and submits that the petitioner is enjoying the benefit of police bail but this fact has not been mentioned in the bail application.

Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bihpur (Jhandapur) P.S. Case No. 282 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring

Patna High Court CR. MISC. No.35962 of 2020(5) dt.06-01-2022 3/3 the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J) devendra/- U T