Manoj Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36671 of 2020 Arising Out of PS. Case No.-07 Year-2019 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== MANOJ KUMAR DAS S/o Late Upendra Das R/o village- Shahpur Patori Tole Bisanpur, P.S.- Shahpur Patori, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kuamri W/o Manoj Kuamr Das, D/o Rajbir Paswan R/o village- Purbi, P.S.- Baheri, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Vinay Kumar Mishra, Advocate For the State :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

None appears on behalf of the opposite party No.2. Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Complaint case No.07 of 2019, Trial No.4216 of 2019 registered under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of

Patna High Court CR. MISC. No.36671 of 2020(4) dt.16-12-2021 2/3 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 furnishing bail bonds of Rs.

10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Darbhanga in connection with Complaint case No.07 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.36671 of 2020(4) dt.16-12-2021 3/3 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