Nishantu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31283 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -KARPI District- JEHANABAD ====================================================== Nishantu Kumar, Son of Mithilesh Kumar, Permanent resident of VillageVPO Aiyara, Police Station- Karpi, District- Arwal, at present residing at House No. 147/64, New Milap Nagar, Ambala City, P.S. Ambala, Punjab. .... .... Petitioner

Versus

1. The State of Bihar.

2. Kashish Kumari @ Juci, Wife of Nishantu Kumar, Daughter of Vipin Kumar Sharma, resident of Mohalla- Danka Imli, Near Electricity Office, Post Office- Gulzarbagh, P.S.- Alamganj, District- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ramakant Sharma, Sr. Advocate and Mr. Lakshmi Kant Sharma, Advocate.

For the State : Mr. Awadhesh Kumar Singh, A.P.P. For the O. P. No. 2 : M/S. Shiv Shankar Prasad Singh and Pushpendra Priyadarshi, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 and learned A.P.P. for the State. The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A)/34of the IPC 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 petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.31283 of 2018 (3) dt.07-08-2018 2/3 is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. 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 counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Arwal, in connection with Karpi P.S. Case No. 17 of 2018, bject 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

Patna High Court Cr.Misc. No.31283 of 2018 (3) dt.07-08-2018 3/3 or one time settlement.

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