Nandan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39240 of 2020 Arising Out of PS. Case No.-83 Year-2017 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== NANDAN SAH, Male, aged about 30 years, Son of Prabhu Sah, Resident of Village- Salehchak, Barbighi Kunjar Tola, P.S. Balia, District- Begusarai. ... ... Petitioner
Versus
1.
The State of Bihar.
2.
KHUSHBU DEVI, Wife of Nandan Sah, Resident of Village- Laxmipur, Ward NO. 04, P.S.- Sahebpur Kamal, District- Begusarai. ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sandip Kumar Gautam, Advocate.
For the State :
Mr. A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-04-2021 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 494, 498(A) and 323 of the I.P.C. and 3⁄4 of the D.P. Act.
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.39240 of 2020(2) dt.07-04-2021 2/3 petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. 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. Begusarai, in connection with Sahebpur Kamal P.S. Case No. 83 of 2017, 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 make an application before the court below for referring the
Patna High Court CR. MISC. No.39240 of 2020(2) dt.07-04-2021 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. The opposite party no. 2 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