Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40257 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- MAHILA THANA District- Begusarai ====================================================== Himanshu Kumar Son Of Anjani Kumar R/O Village- Dihri, P.S.- Kashichak, District- Nawadah, Presently Residing At Near Jawahar Park, Warsaliganj, P.S.- Warsaliganj, District- Nawadah ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arti Kumari D/O Late Ashok Kumar R/O Village- Kaithma Ward No.-19, P.S.- Mufassil, District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A), 406, 34 and 120(B) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

According to the prosecution case, all the accused person including the petitioner started beating up her and tortured her on various ways due to non-fulfillment of demand

Patna High Court CR. MISC. No.40257 of 2022(3) dt.14-12-2022 2/3 of dowry.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case.

Vide order dated 05.09.2022, the matter was referred to Patna High Court Mediation Center to resolve the disputes between the parties. According to the report dated 22.11.2022, learned mediator reveals that the dispute between the parties has been resolved and the petitioner has already paid Rs. 5,00,000/- to the Opposite Party No. 2.

It is expected that both the parties shall honour the terms and conditions as mentioned in the mediation proceeding No. 246 of 2022.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Mahila P.S. Case No. 07 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.40257 of 2022(3) dt.14-12-2022 3/3 Procedure and with other following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T