Basant Sah @ Basant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55058 of 2021 Arising Out of PS. Case No.-992 Year-2020 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== BASANT SAH @ BASANT KUMAR Son of Chandrika Sah Resident of Village - Sonbarsha, P.S.- Harsidhi, Dist.- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manju Kumari Wife of Basant Sah D/o Ratan Sah, Resident of Village - Khoda, P.S.- Sugauli, District - E. Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.A.G.

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

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in Tr. No. 849 of 2021 arising out of Complaint Case No. C-992 of 2020 registered under Sections 441, 498(A), 323, 406/34 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 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.55058 of 2021(2) dt.29-10-2021 2/2 has falsely been implicated in the present case due to petty family dispute. The petitioner is husband of the victim. The offences are triable by 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 Complaint Case/F.I.R.

Considering the aforesaid 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Tr. No. 849 of 2021 arising out of Complaint Case No. C-992 of 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.

(Sudhir Singh, J) A.K.V.//- U T