Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39721 of 2020 Arising Out of PS. Case No.-174 Year-2020 Thana- BEUR District- Patna ====================================================== SURAJ KUMAR S/O Kameshwar Prasad R/o- Harischandra Nagar, Sipara, P.S. - Beur, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Basant Kumar Singh, Advocate For the State :

Mr.Ataur Rahman, APP For the informant :

Mr. S.D. Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The matter has been pending since 28.12.2020. Hence, the learned counsel for the petitioner presses that let the order be passed on merit.

The petitioner is apprehending his arrest in connection with Beur P.S. case No.174/2020 registered under Sections 498(A)/34 of the Indian Penal Code.

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

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.39721 of 2020(3) dt.27-09-2021 2/3 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 and learned counsel for the informant, 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 A.C.J.M. IIIrd, Patna in connection with Beur P.S. case No.174/2020, 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 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such

Patna High Court CR. MISC. No.39721 of 2020(3) dt.27-09-2021 3/3 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