Shiva Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3732 of 2021 Arising Out of PS. Case No.-120 Year-2019 Thana- HARLAKHI District- Madhubani ====================================================== 1.
Shiva Das, Male, aged about 29 years.
2.
Indal Das, Male, aged about 26 years. Both sons of Ganesh Das, Resident of Village- Phulhar, P.S.-Harlakhi, District- Madhubani. ... ... Petitioners
Versus
1.
The State of Bihar.
2.
Reena Kumari, Daughter of Fenkan Das, Resident of Village- Sikandi Bhitthamor, P.S.-Sursand, District- Sitamarhi. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioners :
Mr. Navendu Kumar, Advocate.
For the State :
Mr. A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned A.P.P. for the State through Virtual mode.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 379, 504, 498(A)/34 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 petitioners 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.3732 of 2021(2) dt.23-07-2021 2/3 petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is the brother-in-law (Bhaisur) and petitioner no. 2 is the husband of the victim. The case is triable by the Magistrate. The petitioners have 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 petitioners are named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances of the case, let the petitioners 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 their personal bond to the satisfaction of the learned S.D.J.M., Benipatti, Madhubani, in connection with Harlakhi P.S. Case No. 120/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only
Patna High Court CR. MISC. No.3732 of 2021(2) dt.23-07-2021 3/3 each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
If so advised, either of the parties (the opposite party no. 2 or petitioner no. 2), 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 application is made by either of the parties (the opposite party no. 2 or petitioner no. 2) 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