Prince Kumar Singh@Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53426 of 2021 Arising Out of PS. Case No.-66 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== Prince Kumar Singh @Prince Kumar Son Of Late Ram Naresh Singh Resident Of Village- Barahi Chintaman, P.S.- Majargang, (O.P.-Suppi), District- Sitamarhi ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Alka Singh Wife Of Prince Kumar Singh @ Prince Kumar Resident Of Village- Boha Basudevpur, P.S.- Bajpatti, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Om Prakash Singh For the Opposite Party/s :

Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307 and 498A of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.53426 of 2021(2) dt.29-10-2021 2/3 there is no allegation of tampering of witnesses alleged against the petitioner. On the earlier occasion also, the victim and her family members have instituted case for similar offence against the petitioner and his family members. The petitioner has falsely been implicated in the present case due to petty family dispute. As far as offence under Section 307 IPC is concerned, the nature of injury is said to be simple. Rest of the offences are 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 F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri, Sitamarhi in connection with Bajpatti P.S. Case No. 66 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.53426 of 2021(2) dt.29-10-2021 3/3 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.

(Sudhir Singh, J) Pankaj/- U T