Abhimanyu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37270 of 2020 Arising Out of PS. Case No.-5057 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ABHIMANYU RAI Son of Ram Babu Rai Resident of Village- Haldi Chhapra, Old Tola Majroth Gali, P.S.- Manner, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RAMTA DEVI Wife of Abhimanyu Rai, D/o- Chandrasekhar Rai Resident of Village- Haldi Chhapra Old, tola, Majrothgali, P.S.- Manner, DistrictPatna. At present Railway Colony, Digha Hat, P.S.- Digha, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Jitendra Kumar Singh ======================================================= CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned APP for the State. However, nobody appears on behalf of the O.P. No.2 today, although vakalatnama has already been filed. The petitioner apprehends his arrest in a case registered under sections 323, 498A of the IPC.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. It is submitted that there is a compromise between the parties. The

Patna High Court CR. MISC. No.37270 of 2020(5) dt.07-12-2021 2/2 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. It is submitted that the petitioner is ready and willing to keep his wife with full honour and dignity.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his 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.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 Complaint Case No.5057/2018, 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 Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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